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Committee on Rules of Civil Procedure appeared with other civil rules in the Report of April, 1937, though it was withdrawn in the Final Report of November, 1937.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

The Complaint in Code Pleading

One of the most important changes of the New York Code of Pleading and Practice of 1848, so at least the code makers believed, was to be found in the requirement that there should be stated in ordinary and concise language the facts constituting each cause of action or defense. It is true that the common law declaration contained allegations which set forth the pleader\u27s cause in a general way at least; but the emphasis under the common law system of pleading was placed, not so much on getting the facts on record, but rather upon forcing the opposing parties by their successive pleadings to arrive at a single definite issue. In accordance with the natural tendency of all procedural processes towards standardization and formalism, common law pleading had come in large measure to consist of formal general statements which did not set forth the details of the pleader\u27s case. The codifiers considered this to be a real and serious defect, and they termed their cure for it the key of the reform they were advocating. Elsewhere in their code they adapted the existing equity practice to their purpose. In equity pleading very great detail of the kind termed evidence was incorporated in the pleadings, due in part to the rules whereby the plaintiff might force the defendant to a discovery of his proof in his answer, and in part to the general requirement of equity that all the evidence must be made a matter of record. The codifiers concluded that for the blended system they proposed, the evidential facts should be omitted, the ultimate facts, rather than the legal conclusions, should be stated, and the pleadings should not go on until a single formal issue was reached, but should terminate in any event with the reply