Elastic properties of silicate melts: Implications for low velocity zones at the lithosphere-asthenosphere boundary.

Low seismic velocity regions in the mantle and crust are commonly attributed to the presence of silicate melts. Determining melt volume and geometric distribution is fundamental to understanding planetary dynamics. We present a new model for seismic velocity reductions that accounts for the anomalous compressibility of silicate melt, rendering compressional wave velocities more sensitive to melt fraction and distribution than previous estimates. Forward modeling predicts comparable velocity reductions for compressional and shear waves for partially molten mantle, and for low velocity regions associated with the lithosphere-asthenosphere boundary (LAB), melt present at <5% distributed in near-textural equilibrium. These findings reconcile seismic observations for the LAB regionally and locally and favor models of strong coupling across the LAB rather than melt channeling due to shear deformation

The Proposed Condemnation Rule

The Proposed Rule to Govern Condemnation Cases in the United States District Courts has now been under consideration for a dozen years. The first draft of the Advisory Committee on Rules of Civil Procedure appeared with other civil rules in the Report of April, 1937, though it was withdrawn in the Final Report of November, 1937. Later drafts appeared in May, 1944, and in June, 1947, while in May, 1948, the Committee made a final report and recommendation to the Supreme Court. The Court has, however, returned the draft for further consideration by the Committee, particularly with respect to the vexing problem of the form of trial of the issue of just compensation. Thus it has taken longer to draft this rule than any other of the uniform rules adopted by the Court, though the number of practitioners interested in the subject at any one time has not been large. It may be said, however, that they make up in emotion whatever they may lack in numbers

Court Integration in Connecticut: A Case Study of Steps in Judicial Reform

Of late the impetus to procedural reform resulting from the interest created by the adoption in 1938 of the new federal rules of procedure has tended more and more to emphasize a re-examination of the basic court structure. This is a natural and a desirable trend

The Doctrine of Privity of Estate in Connection with Real Covenants

It is generally stated as a fundamental requirement of a real covenant or covenant running with the land that there must exist privity of estate. An examination of the nature of such a requirement--a problem which has troubled many of the great legal scholars--has much of interest to the legal student not merely because the authorities are in confusion and discord but especially because it is apparent that here the courts in defining an expression of some degree of antiquity in the law are powerfully influenced by modern and diverse views of public policy towards encumbrances on real estate titles. In certain jurisdictions a policy against such encumbrances is so strongly felt that except as to covenants in leases the obligations of all covenants are in general unenforceable except against the original covenantors. In the majority of jurisdictions in this country, however, covenants may run with the land, but only if there exists privity of estate as defined by the local law

Eisener v. Macomber and Some Income Tax Problems

The long awaited decision of the United States Supreme Court in Eisner v. Macomber (1920) 40 Sup. Ct. 189, has aroused perhaps more interest than is merited by the actual decision, which is simply that dividends of a corporation declared by issuing its own stock are not income within the meaning of the Sixteenth Amendment. The flurry in the stock market caused by the erroneous report of the decision, the way in which the Court divided, and the criticism of the decision in Congress and elsewhere, coupled with the view that the Government must necessarily lose much revenue, have added to the general interest elicited by the case

Book Review: California Pleading

The vast stimulus given to procedural reform by the adoption of the Federal Rules of Civil Procedure in 1938 and their acceptance in the practice of many states has resulted not only in useful general texts, but in several state practice books outlining the new procedure for the local practitioner which, unlike such books of a prior age, are real contributions to this field of law. There is probably less incentive for a re-examination of practice codes in states which have not yet been greatly affected by the new ideas permeating the courts. But from the standpoint of scholarship and of reform there is perhaps even greater need for such texts in states which have so far resisted substantial change. Hence it is a pleasure to welcome such a satis- factory professional tool as the present one, devoted as it is to the practice of a major state which seems ripe for procedural advance. California was an early exponent of code pleading when Chief Justice Stephen J. Field accepted his brother David\u27s reform of the Field Code, adopted in New York in 1848, to make it the leading code state of the West as early as 1850 and 1851.As yet its only essay into the most modern reform of the federal rules appears to be the adoption of some of the party joinder rules in 1927, the rule for summary judgments as amended in 1953, and the discovery rules in 1958. Professor Chadbourn and his associates do not assume the role of reformers, for their more modest present objective is a book of exposition for the local bench and bar. But as they well state it, their approach is intended to be both critical and functional, stressing underlying principles, considerations of policy, and factors relating to the tactics and strategy of pleading. And they have succeeded so admirably that local practitioners can hardly do without their work. And quite unobtrusively, but nevertheless deftly, in the view of this reviewer at least they have shown that California can do better than it is doing, that the time for improvement is at hand