This article shows that exchange-traded funds (ETFs) “sample” their indexes, systematically underweighting or omitting illiquid index stocks. As a result, arbitrage activity between the ETF and its index has heterogeneous effects on underlying asset markets. Using an instrumental variables approach, we find that the trading activity of ETFs reduces liquidity and price efficiency and increases volatility and co-movement for liquid stocks but has no effect on illiquid stocks. Our results demonstrate that the effects of passive investing on asset markets depend on how passive funds replicate their target index.

In this paper, we leverage newly available rich administrative data to study the heterogeneous evolution of fertility and newborn health during the pandemic. We focus on Tuscany, a representative region of Italy, which was one of the first countries to experience the severe impact of the COVID-19 outbreak in early 2020. Our findings indicate a decline in the number of births relative to the pre-pandemic trend in late 2020 and early 2021, roughly nine to twelve months after the pandemic onset. However, starting in March 2021, birth numbers consistently exceeded the pre-pandemic trend, resulting in a cumulative “baby bump” compared to the counterfactual scenario. This aggregate increase conceals significant heterogeneity across sociodemographic groups, with positive deviations entirely driven by native, educated, and employed parents. During the same period, newborn health indicators showed no signs of deterioration and, if anything, slightly improved.

Exploiting changes in countries’ competition laws, we find that competition increases firms’ propensity to use zero leverage (ZL). We test the financial-flexibility, financial-constraint, and quiet-life explanations for this result, concluding that desire for flexibility is the one most likely. The relation between competition and ZL strengthens with cash-flow volatility, which supports the flexibility motive. Adoption of ZL by firms is accompanied by increases in payouts, so it is unlikely that ZL adopters are constrained. Proxies for governance have no effect on the relation between competition and ZL, suggesting that desire for a quiet life is not the explanation either.

The Article examines the counter-majoritarian difficulty through the lens of political constitutionalism. To this end, it develops a dual framework for understanding the counter-majoritarian difficulty, distinguishing between internal and external dimensions. Based on this distinction, the Article proposes an institutional development of political constitutionalism—combining strong and weak judicial review—as a cogent response to these challenges.

The internal counter-majoritarian difficulty stems from distortions in majoritarian processes that undermine their representative legitimacy. The external counter-majoritarian difficulty, conversely, embodies the belief that courts, rather than legislatures, should be the pivotal institution in realizing citizens’ expectations regarding justice and rights.

Given this distinction, the analysis demonstrates that political constitutionalism can address both internal and external counter-majoritarian difficulties without compromising its foundational commitment to equal participation through a combined application of strong and weak judicial review. Strong judicial review aligns with political constitutionalism’s core principles by safeguarding against electoral distortions that pose internal counter-majoritarian issues. Weak judicial review enables courts to play a crucial role in realizing constitutional rights, as advocated by external counter-majoritarian critique, while leaving the final word on such matters to the legislature.

The 6.7 GHz methanol maser transition is exclusively associated with young, high-mass stars and represents a potential target for astrometric studies, including accurate determination of their distance through trigonometric parallax measurements. There are more than 1 000 known 6.7 GHz methanol maser sources in the Milky Way; however, not all are suitable targets for astrometric measurements. We have used the Long Baseline Array to observe 187 southern 6.7 GHz methanol masers and identify 69 sources with one or more maser spots that are sufficiently compact and intense to be suitable targets for very long baseline interferometry astrometry with current instruments. Maser compactness appears to be a strong function of Galactic position, with masers that are likely in nearby spiral arms being more compact, while those associated with distant arms or the central Galactic region being less compact – a relationship we associate with scatter broadening. This has implications for astrophysical masers, especially distant ones employed for Galactic astrometry.

Deserts must be supplied with sediment in order to accrete. The Thar Desert, lying east of the Indus River in South Asia, might be expected to be largely supplied with sediment from that drainage. In this study, we use a combination of major and trace element bulk-sediment geochemistry, together with Sr and Nd isotopes, to constrain the provenance of postglacial dune sand. Our data indicate a stronger influence from mafic source rocks in the Sindh Desert compared to that in Cholistan. Nd isotopes imply sediment was largely derived from the lower Indus River during the early and pre-Holocene post-glacial time. The sand is coarser grained in Sindh and retains higher ϵNd values in sediment that eroded from mafic rocks in Kohistan and the Karakorum as a result of deflation of deltaic and floodplain areas in the lower reaches by southwesterly summer monsoon winds. The composition of Cholistan dunes, like that in the Eastern Thar Desert, reveals instead more supply from Himalayan sources and more negative ϵNd values. The greater Himalayan influence in Cholistan and the Eastern Thar Desert largely reflects finer grain size, a result of the longer transport from the delta source and a preference for more Himalayan supply in the form of finer sediment.

This article provides a systematic literature review of the scholarly work on lobbying coalitions in political science, spanning the period from 1985 to 2023. By applying the PRISMA protocol for scoping reviews, the study maps the key trends, definitions adopted, research methods, and theoretical frameworks within this field, specifically focusing on the main explanations used to account for interest groups’ choice to form or join a coalition. The review reveals that the study of lobbying coalitions has grown in prominence, with a prevailing focus on the United States and the European Union and with a predominant use of large-N quantitative methods. The review identifies the dominance of behavioral definitions of interest groups and lobbying coalitions while also highlighting significant methodological gaps, particularly the underuse of social network analysis and qualitative comparative analysis. Furthermore, the study presents a meta-analysis of theoretical hypotheses, showing that the decision to form or join coalitions is primarily influenced by micro- and meso-level factors such as ideological affinity and issue salience. The review finds mixed empirical support for the idea that coalition formation serves as a ‘weapon of the weak’, with both weaker and stronger groups demonstrating likelihood of joining coalitions under certain conditions. The paper concludes by suggesting avenues for future research, including the further exploration of mixed-method designs and the potential for alternative methodological approaches to refine the understanding of lobbying coalitions.

Under the rule of law, everyone has a constitutional right to a remedy—that is, access to a court that decides a dispute over private rights and obligations according to the law of the land. Dispute resolution agreements are an instance of reflexive contracting, in other words, agreements on which substantive and procedural rules shall govern a contractual relationship. Where the choice for one or both parties is for a law or forum other than that applicable by default, dispute resolution agreements contain a waiver of the constitutional right to a remedy according to the law of the land. Party autonomy—that is, the freedom to contract on the rights and remedies applicable to the main contract—is conferred by reflexive contract law, that is, the law applicable to dispute resolution agreements. In this article I argue that reflexive contract law, in specifying the conditions under which reflexive contracts are enforced by the state, shall reflect the extent to which agreements to arbitrate, on forum selection, or on choice of law interfere with the constitutional right to a remedy. Coherent requirements as to the form and validity of consent, ex-ante information, or ex-post judicial control shall be proportional to the entailed dangers and the proficiency of the involved parties. However, as dispute resolution agreements are regulated by diverse instruments on the national, supranational, and international levels, consistency is very difficult to achieve. Moreover, the US and EU regulatory approaches regarding the protection of consumers and employees seem to be incommensurable.

This article develops Border Work (BW) as a theoretical concept and methodological approach, underexplored in socio-legal scholar-activism, through analysing two distinct examples: Noor, who applied for protection, and her individual and collective struggle for residency and the making of a manifesto against borders. While both examples depart from feminist methodology, the differences are stark: Noor, excluded from democratic processes, faced deportation risks, while we, with institutional support, engaged in public mobilisations without such threats. Despite these differences, we use BW to understand and analyse both examples, highlighting their commonalities. The analysis of the manifesto work and Noor’s efforts shows how transgressive work creates new subject positions. BW provides a deeper understanding and a common analytical framework for scholarly work interlinked with activism. Through BW, Noor transformed from being seen as an object of the law to becoming a creator of legal knowledge. In the manifesto exercise, the boundaries are both collective and political: participants jointly challenge the national order and advocate for a transnational political identity. Both Noor and we, as part of the collective, engaged in the making of the manifesto and engaged at the intersection of personal experiences and powerful institutions and ideologies, with the aim of contributing to the struggles within and against restrictive migration regimes. Socio-legal scholars are experienced when thinking critically about the role and rule of law in society; BW can be understood to put this knowledge into action and apply it in broader struggles for justice.

You can sell your soul to the devil, but it would be especially devilish if the sale were hidden on page twenty-nine of the terms of service of a ride sharing app. Our world is full of contract text for which there are no readers, allowing term setters the unilateral power to make law. There are two ways to approach this problem: providing more information, better information or more salient information on contract terms—information model—or controlling the content of the terms of form contracts—control model. This Article explores the interplay between the information model and the control model for protection of recipients of standard form contracts. It argues that the control model and the information model are mutually exclusive from a conceptual point of view. Therefore, using information to protect consumers should be eschewed in favor of term control – we should say farewell to the information model. This would mean that, given strong court control, contract terms could be set without notice, possibility to review or assent to them. Where court control is weak it should be strengthened. This Article develops these arguments with a view to the European and U.S. discourse on standard form contracts.

This article revisits the methodological foundations of Elinor Ostrom’s institutionalism by examining the role of ‘complexity’ in her work and the conceptual influence of Herbert A. Simon. While Simon was not Ostrom’s most frequently cited reference, his thought – particularly as articulated in The Sciences of the Artificial – exerted a formative and enduring influence on her analytical framework. Drawing on Ostrom’s later writings, in which she offers a retrospective account of her intellectual trajectory, we show how Simon’s systems-engineering perspective provides a coherent framework for understanding her approach to institutional complexity, despite notable differences in their respective research objects and theoretical priorities. For Ostrom, institutions evolve incrementally as ‘boundedly’ rational individuals attempt to resolve collective problems through successive modifications of rule structures within complex social systems. In contrast to top-down optimisation models, her work emphasises adaptive responses and practical problem-solving. Interpreting Ostrom’s methodology through a Simonian lens not only deepens our understanding of her contribution to institutional economics but also illustrates the value of interdisciplinary approaches informed by complexity theory for the field.

Despite Germany’s progressive constitutional and statutory commitments to animal protection, the effective enforcement of animal welfare norms remains limited by persistent structural deficits. This Article examines the legal and institutional barriers impeding judicial enforcement, with particular attention to restrictive standing doctrines—most notably the protective norm theory—and systemic disincentives within administrative practice. Drawing on comparative insights from environmental law, including association standing and rights of nature frameworks, the Article explores procedural innovations and institutional reforms that may enhance access to justice in the field of animal protection. It further assesses the potential of strategic litigation to expose systemic failures. Strategic litigation may prompt legal and political change, particularly where normative commitments remain unmet. The Article concludes by outlining reform pathways and situating the German experience within broader debates on access to justice and the evolving role of courts in advancing the legal protection of nonhuman interests.

Mineralogical crystallography has evolved from the geometric and observational studies of the eighteenth century to a dynamic, predictive science capable of probing matter at atomic and nano-scales. Contemporary advances, including ultrafast X-ray free-electron lasers, high-pressure diamond anvil cells, cryo- and environmental electron microscopy, and multimodal in situ techniques, now permit real-time observation of mineral transformations under extreme conditions. Coupled with computational modelling and predictive simulations, these methods are transforming crystallography into an integrative, interdisciplinary discipline with applications ranging from Earth and planetary sciences to materials engineering. This essay explores technological innovations and emerging frontiers of mineralogical crystallography, highlighting its enduring role in revealing the hidden architectures of matter and guiding the exploration of both natural and synthetic materials.

For EU jurisdictions, Regulation (EU) No 1215/2012 on jurisdiction and recognition and enforcement of judgments (the Brussels I Regulation) and the 2005 Hague Choice of Court Convention (the 2005 Choice of Court Convention) are the pivotal instruments to assess “consent to jurisdiction” in a choice of court agreement. This Article examines the symmetries in both instruments. The relevant rules combine inferred consent with a residual reference to the law of the chosen court, as opposed to providing a uniform substantive standard on the notion of “consent” to jurisdiction. The practical operation of this hybrid solution is examined by reference to the relevant case law of CJEU and selected domestic courts. The Article then considers specific matters where consistency between the two regimes is uncertain. In conclusion, while alignment on consent to jurisdiction under the Brussels I Regulation and the 2005 Choice of Court Convention is desirable, it is expected that autonomous standards on consent to jurisdiction will be consolidated within the respective scopes of application of the instruments under review.

The United States is peculiar in its widespread enforcement of consumers’ and workers’ adhesive arbitration agreements. Comparative law discussions of arbitration often note this U.S. peculiarity, and this article confirms it by contrasting the law of Germany, the EU generally, the UK, and Japan.

However, this article points out, the U.S. is also unusual in the civil litigation to which arbitration is an alternative. Enforcement of adhesive arbitration agreements in the U.S. largely serves to override three other peculiarities of civil litigation in the U.S.: (1) the civil jury, (2) optout class actions, and (3) extensive discovery. Therefore, enforcing the arbitration agreements of U.S. consumers and workers generally moves their claims from the unusual procedure of U.S. courts to procedures closer to the global norm of comparable nations.

In addition, this article shows that the Federal Arbitration Act’s enforcement of adhesive arbitration agreements contrasts with federal cases holding that the Seventh Amendment jury right may be traded away in a bench trial (“jury waiver”) clause only by “knowing” consent. However, these “knowing consent” cases are inconsistent not only with the Supreme Court’s FAA cases but also with cases enforcing adhesive forum selection clauses trading away the Seventh Amendment right. And they are also inconsistent with cases enforcing adhesive consent-to-jurisdiction clauses and adhesive security agreements, both of which trade away constitutional Due Process rights. In sum, contract law standards of consent generally govern both Seventh Amendment and Due Process rights, while cases requiring “knowing” consent for bench trial (“jury waiver”) clauses are outliers.

Finally, U.S. states are free to require higher standards of consent to trade away jury and Due Process rights except where a preemptive federal statute says otherwise. The FAA is such a federal statute. In contrast, no analogous federal statute governs bench trial clauses, forum selection clauses, consent-to-jurisdiction clauses, or security agreements. This observation largely explains the case law on these five types of contract clauses.

The following Article deals with the prerequisites required for effective arbitration agreements in Germany, thereby comparing it with US law. It will be shown that the main obstacle for the effectiveness of arbitration agreements in consumer contracts is the requirement of a formally separated, personally signed written document as set out in § 1031 Sec. 5 ZPO. Contrary to consumer contracts, there is no specific form requirement in business contractual. This statutory concept surprises because the effectiveness mainly depends on formal, non-material requirements. Taking this into account, the following Article will highlight the question whether the current legal framework is ensuring an informed consent.

Teachers are at the front line of climate change education (CCE), working to integrate its complex environmental, social and ethical dimensions into their classroom practice. Yet little is known about the barriers to and enablers of implementing interdisciplinarity within CCE. This study investigates Finnish secondary school teachers’ perspectives on interdisciplinary CCE, examining how their practices are shaped by access to resources, training and institutional support. Drawing on the ecological model of teacher agency, we conduct a mixed-methods analysis from a national survey of 243 teachers. The findings reveal a strong commitment to locally relevant and ethically informed CCE, as well as an increased interest in activities in outdoor environments, research-based resources and drama-based resources. On the other hand, an increased disinclination to introducing new content and resources highlights the persistence of structural, epistemological, and ideological barriers. Teachers report relying heavily on self-directed learning and growing interdisciplinary fatigue due to fragmented support systems. These dynamics reveal a need for academic–school collaborations that move beyond top-down implementation and towards the creation of accessible, adaptable knowledge. This study contributes to emerging debates about how to foster critical interdisciplinarity in CCE by centring the voices and agency of educators.