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[227 U.S. 248, 249] Messrs. Frank Bergen, Albert C. Wall, Thomas Emery, and James B. Vredenburgh for plaintiff in error.
[227 U.S. 248, 251] Messrs. E. Parmalee Prentice, John Griffin, and George Welwood Murray for defendant in error.
[227 U.S. 248, 256] Messrs. Henry E. Bodman, Alexis C. Angell, and Herbert E. Boynton as amici curioe.
In 1905 the board of chosen freeholders of Hudson county, New Jersey, adopted two ordinances: one fixing the rate for foot passengers ferried from New Jersey to New York, and the other for a round trip commencing on the New Jersey shore, which rates were applicable to the ferries in question. The New York Central & Hudson River Railroad, engaged as a lessee in operating the lines of the West Shore Railroad, and its railroad ferries, commenced this proceeding to prevent the enforcement of the rates fixed by the ordinances. The contention was that the ordinances were an unwarranted interference with the interstate business of the company, and that the enforcement of the ordinances would constitute a direct burden on interstate commerce, which could not be done consistently with the Constitution. The supreme court of New Jersey maintained the contentions of the railroad company. The court of errors and appeals reversed the judgment of the supreme court. 76 N. J. L. 664, 74 Atl. 954, 16 Ann. Cas. 858. The case is now here, the writ of error having been directed to the supreme court, to which the record was remitted from the court of errors and appeals. [227 U.S. 248, 258] At the outset it is to be observed that the contentions pressed in argument by both parties take a wider range than the necessities of the case require. We make a very brief reference to certain decisions of this court referred to in argument by both parties in order that they may aid us to plainly mark the boundaries of the real issues required to be decided, thus enabling us to put out of view irrelevant considerations and confine our attention to things essential.
Fanning v. Gregoire, 16 How. 524, 14 L. ed. 1043, required a consideration of the right of the legislature of Iowa to authorize a ferry across the Mississippi river at Dubuque. Without going into details it suffices to say that the subject was elaborately considered and the power of the state to grant the ferry right was sustained. In Conway v. Taylor, 1 Black, 603, 17 L. ed. 191, the right of the state of Kentucky to grant franchises for ferrying across the Ohio river was considered and the power was upheld, the general reasoning stated in Fanning v. Gregoire being reiterated and approved. It is undoubtedly true that, in the course of the reasoning of both the cases just referred to, expressions were made use of which give some support to the view that the power to regulate ferriage, even as to a stream bounding two states, was purely local, not transferred by the states to Congress, and therefore not within the grant of power to Congress to regulate commerce.
Gloucester Ferry Co. v. Pennsylvania, 114 U.S. 196 , 29 L. ed. 158, 1 Inters. Com. Rep. 382, 5 Sup. Ct. Rep. 826, concerned the validity of a tax imposed by the state of Pennsylvania on a ferry company operating between Gloucester, New Jersey, and the city of Philadelphia. The tax was resisted on the ground that it was a direct burden on interstate commerce, and therefore void as an interference with the power of Congress to regulate commerce. The contention was sustained. The whole subject of ferriage was elaborately considered, and in the course of the opinion it was expressly declared, after [227 U.S. 248, 259] considering the decisions in Fanning v. Gregoire and Conway v. Taylor, that ferriage over a stream constituting a boundary between two states was within the grant to Congress to regulate commerce, and therefore not subject to be directly burdened by a state. It was also, however, held that, in view of the character of such ferries and the diversity of regulation which might be required, the right to regulate them came within that class of subjects which, although within the power of Congress, the states had the right to deal with until Congress had manifested its paramount and exclusive authority.
In Covington & C. Bridge Co. v. Kentucky, 154 U.S. 204 , 38 L. ed. 962, 4 Inters. Com. Rep. 649, 14 Sup. Ct. Rep. 1087, the right of the state of Kentucky to impose tolls for use of a bridge across the Ohio river was challenged on the ground that the state had no authority to fix the tolls, because to do so was the assertion of a power to regulate commerce, and therefore was an interference with the exclusive power of Congress on that subject. The tolls were held to be invalid. The opinion beyond question reasserted the principle enforced in the Gloucester Ferry Case, that the movement across a stream, the boundary between two states, was within the grant of power to Congress to regulate commerce, and therefore, generically speaking, not subject to the exertion of state authority. Indeed, in view of the fact that there was no act of Congress dealing with the subject of the tolls which were under review in the Covington Case, it is true to say that there are expressions in the opinion in that case which have been considered, whether rightly or wrongly we do not feel called upon to say, as qualifying or overruling the conclusion expressed in the Gloucester Case as to the power of a state to regulate ferries upon a stream bordering two states until Congress had manifested its purpose to exert its authority over the subject.
In St. Clair County v. Interstate Sand & Car Transfer Co. 192 U.S. 454 , 48 L. ed. 518, 24 Sup. Ct. Rep. 300, the question considered was the liability of the [227 U.S. 248, 260] transfer company to penalties imposed by the county of St. Clair, a municipal corporation of the state of Illinois, for having failed to obtain a license 'for carrying on a ferry for transferring railroad cars, loaded or unloaded, over the county of St. Clair, in Illinois, to the Missouri shore, and from the Missouri shore to the county of St. Clair.' It was decided that there was no liability for the penalty (a) because the business of transferring freight cars in the sense disclosed was not ferriage in the proper meaning of that word, and was the transaction of interstate commerce not in any view subject to state control; and (b) because the particular ordinance relied upon as the basis for imposing the penalty was void because of provisions discriminating against interstate commerce which it contained. The cases of Fanning v. Gregoire, Conway v. Taylor, Gloucester Ferry Co. v. Pennsylvania, and the Covington Bridge Case were referred to. It was expressly declared, in view of the special grounds upon which the case was decided, that it was unnecessary to consider whether the decision in the Covington Bridge Case had established the doctrine that the interstate business of ferrying over navigable rivers bordering two states was exclusively within the authority of Congress to regulate, and therefore was not, as declared in the Gloucester Ferry Case, subject to state regulation until Congress had exerted its authority over the matter.
In the light of this statement we come to state the contentions of the parties. The plaintiff in error insists, not following the exact order of their argument (a) that the assailed ordinances are repugnant to the commerce clause because Congress has legislated concerning railroad ferries and thereby manifested its purpose that there should be no longer room for the exertion of state power on the subject; and (b) that if this is not so, it is now necessary to pass on the question reserved in the St. Clair Case, and to decide that the ruling in the Covington Bridge Case [227 U.S. 248, 261] affirmatively established that interstate ferriage like that here in question is so absolutely within the power of Congress as to exclude, even in case of the inaction of Congress, the presumption of a license for the exercise of state power. On the other hand, the argument for the defendant in error is this: That the carrying on of the business of ferriage on navigable rivers constituting a boundary between states is not interstate commerce, that the power to regulate it was not surrendered by the states, and consequently no authority was given over the subject to Congress. This is sought to be shown by a copious review of adjudged cases, by an analysis of what it is urged was the clear intendment of the opinion in Gibbons v. Ogden, 9 Wheat. 1, 6 L. ed. 23, especially as elucidated by the opinions in Fanning v. Gregoire and Conway v. Taylor. It is not denied that these theories are directly contrary to the ruling in the Gloucester Ferry Case, but it is urged that that case for the first time announced the doctrine of a national power over interstate ferriage, and therefore practically amounted to making a new constitutional provision on the subject. Obviously, however, the views just stated are advanced in a mere academic sense, since the argument admits that the ruling in the Gloucester Ferry Case is now conclusive and has settled the significance of the Constitution contrary to the views mentioned. Thus, at the very outset of the argument, after stating and elaborating the theory of exclusive state power over interstate ferriage, it is said: 'The decision of the Gloucester Ferry Case, 114 U.S. 196 , 29 L. ed. 158, 1 Inters. Com. Rep. 382, 5 Sup. Ct. Rep. 826, decided in 1885, established Federal jurisdiction to legislate concerning ferriage over boundary streams, but did not turn what had been an exclusive state jurisdiction into an exclusive Federal jurisdiction. State laws on this subject are still valid until superseded by a Federal statute.' Again, after copiously reiterating the conceptions as to the novelty of the ruling in the Gloucester Ferry Case and its assumed [227 U.S. 248, 262] conflict with what had gone before, it is said: 'The result of the Gloucester Ferry Case, therefore, with the other cases which have followed, has probably been to so extend the Federal authority over interstate ferriage as to bring the subject within the concurrent jurisdiction of Congress and of the states. It is a concurrent jurisdiction only, however, which has been established. In the absence of Federal legislation the states have have all the power that they have been accustomed to exercise.' Thus conceding the controlling force of the Gloucester Ferry Case, and therefore not questioning the power of Congress which that case upheld, it is urged that the Covington Bridge Case should not be now held to have overruled or qualified the Gloucester Ferry Case so as to exclude the states from any right to regulate interstate ferriage before and until Congress has manifested its intention to exert its authority by dealing with the subject. Upon the assumption thus stated it is insisted that the court below rightly upheld the assailed ordinances because there has been no action by Congress exerting its authority over the subject with which the ordinances deal, and therefore no room for the contention that it was not within the power of the state to enact them.
It is therefore apparent that the contentions of the plaintiff in error primarily invoke only the controlling effect of the ruling in the Gloucester Ferry Case, and insist that there has been action by Congress which destroys the presumption of authority in the state to act. It follows that the proposition that the Covington Bridge Case overruled the Gloucester Ferry Case is merely subordinate, and need not be considered unless it becomes necessary in consequence of an adverse ruling on the primary contention concerning the application of the Gloucester Ferry Case.
It is equally clear that the contention of the defendant in error as to the absence of all power in Congress over [227 U.S. 248, 263] interstate ferries is merely academic. From this it necessarily arises that the only ground relied upon to sustain the judgment below is the ruling in the Gloucester Ferry Case, and the further proposition that there has been no action of Congress over the subject of the ferriage here involved which authorizes the holding that state power no longer obtains. As, therefore, the claim on the one side of an all-embracing and exclusive Federal power may be, temporarily, at least, put out of view, and the assertion on the other of an absolutely exclusive state power may also be eliminated from consideration, because not relied upon, or because it is both demonstrated and admitted to be without foundation, it follows that to dispose of the case we are called upon only, following, the ruling in the Gloucester Ferry Case, to determine the single and simple question whether there has been such action by Congress as to destroy the presumption as to the existence in the state of vicarious and revocable authority over the subject. We say simple question because its decision is, we think, free from difficulty, in view of the express provision of the 1st section of the act to regulate commerce (act of February 4, 1887, chap. 104, 24 Stat. at L. 379, U. S. Comp. Stat. 1901, p. 3154), subjecting railroads as therein defined to the authority of Congress, and expressly declaring that 'the term 'railroad,' as used in this act, shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease. . . .' The inclusion of railroad ferries within the text is so certain and so direct as to require nothing but a consideration of the text itself. Indeed, this inevitable conclusion is not disputed in the argument for the defendant in error, but it is insisted that, as the text only embraces railroad ferries, and the ordinances were expressly decided by the court below only to apply to persons other than railroad passengers, therefore the action by Congress does not ex- [227 U.S. 248, 264] tend to the subject embraced by the ordinances. But as all business of the ferries between the two states was interstate commerce within the power of Congress to control, and subject in any event to regulation by the state as long only as no action was taken by Congress, the result of the action by Congress leaves the subject, that is, the interstate commerce carried on by means of the ferries, free from control by the state. We think the argument by which it is sought to limit the operation of the act of Congress to certain elements only of the interstate commerce embraced in the business of ferriage from state to state is wanting in merit. In the absence of an express exclusion of some of the elements of interstate commerce entering into the ferriage, the assertion of power on the part of Congress must be treated as being coterminous with the authority over the subject as to which the purpose of Congress to take control was manifested. Indeed, this conclusion is inevitable since the assumption of a purpose on the part of Congress to divide its authority over the elements of interstate commerce intermingled in the movement of the regulated interstate ferriage would be to render the national authority inefficacious by the confusion and conflict which would result. The conception of the operation at one and the same time of both the power of Congress and the power of the states over a matter of interstate commerce is inconceivable, since the exertion of the greater power necessarily takes possession of the field, and leaves nothing upon which the lesser power may operate. To concede that the right of a state to regulate interstate ferriage exists 'only in the absence of Federal legislation,' and at the same time to assert that the state and Federal power over such subject is concurrent, is a contradiction in terms. But this view has been so often applied as to cause the subject to be no longer open to controversy. Chicago, R. I. & P. R. Co. v. Hardwick Farmer's Elevator Co. decided January 6, 1913 [226 U. S. [227 U.S. 248, 265] 426, 57 L. ed. --, 33 Sup. Ct. Rep. 174]. Because in the St. Clair Case, 192 U.S. 454 , 48 L. ed. 518, 24 Sup. Ct. Rep. 300, it was decided that a particular character of transportation of interstate commerce was not ferriage, and not within state power, even where there had been no action by Congress, affords no reason for in this case extending state authority to a subject to which, consistently with the action of Congress, it cannot be held to apply.
The judgment of the Supreme Court of the State of New Jersey will be reversed and the case remanded for further proceedings not inconsistent with this opinion.

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The manuscript presents results of Young's modulus (E) measurements for two-phase titanium alloy Ti-6Al-4V. The estimation of elasticity modulus (E) was made using three independent methods: standard mechanical tests (tensile test) on an electronic dynamometer “Instron”, the method measurement of sound speed propagation and the method of nanoindentation using nanohardness – testing scanning machine “Nanoscan3D”. The elastic properties were studied for Ti-6Al-4V alloy in different structural states: nanostructured (NS), microcrystalline (MC) and coarse-grained (CG). The elastic modulus α - and β - phases were measured by means of nanoindatation methods. It is shown that a value of elasticity modulus E for the Ti – 6Al – 4V alloy in the CG state is less than in the NS state by more than 20% that is likely to be attributed to the change in amount ratio between α and β phases characterized by different elastic properties.
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6. O. R. Valiakhmetov, R. M. Galeev, V. A. Ivanko R. M. Imayev, A. A. Inozemtzev N. L. Koksharov, A. A. Kruglov, R. Ya. Lutfullin, R. R. Mulyukov, A. A. Nazarov, R. V. Safiulin, S. A. Harin. Rossiyskie nanotekhnologii. 5 (1-2), 12-111 (2010). (in Russian).
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* Participants in the optional Exploration Seminar to be run by ExxonMobil will travel to Oberlin a day earlier on the 20th.
Travel to Union College on 21st April (unless attending the ExxonMobil Exploration Seminar would be optional.
Optional ExxonMobil Exploration Seminar all day on 21st. Keck Reps Meeting in evening.
What: The overarching goal of this study is to improve our understanding of ice dynamics, glacial history and paleoproductivity of the Pliocene Weddell Sea using sediment cores from ODP Sites 693 and 695.
Project Description: Today the Southern Ocean plays multiple critical roles in regulating earth’s climate and biogeochemical cycles. 1) Along the Polar Front Zone, Antarctic Intermediate Water (AIW) sinks, carrying CO2 and O2 to mid ocean depths. 2) South of the Polar Front, CO2 from the deep ocean upwells and directly exchanges2 with the atmosphere and provides nutrients to support a rich biological community. 3) Further south, in the Weddell Sea, the densest water in the entire ocean, Antarctic Bottom Water (AABW) sinks carrying CO2 and O2 to the deepest ocean. Thus the Southern Ocean, and in particular the Weddell Sea is a major source and sink for CO2 and therefore a potential regulator for Earth’s climate.
We don’t know how similar the modern ocean is to the Pliocene ocean, but using sediments from ODP Expedition 113, we have an opportunity to discover more about Antarctica and the Weddell Sea during this critical climatic time. During the Pliocene, Earth’s climate began the transition from an obliquity to an eccentricity dominated climate system as shown in the most recently compiled benthic foraminifera record (Lisiecki and Raymo, 2004). In addition, paleoclimate estimates suggest that atmospheric CO2 levels were at 400 ppm, levels Earth’s atmosphere has just recently achieved.
Deciphering Earth’s climatic history from geologic samples is fraught with problems. These include diagenisis, low sedimentation rates, sediment disturbance, missing intervals, etc. Nevertheless, it is worth persevering, as that is all that is available. Ocean sediment cores provide an excellent opportunity to identify paleoceanographic changes using sediment composition (size and mineralogy), microfossil assemblages, bioturbation and magnetic properties.
In this project we will examine Pliocene sediments from two ODP sites on different sides of the Weddell Sea, Site 693 on the East Antarctic Continental Slope in the southeastern Weddell Sea and Site 695 roughly 400 km from the tip of the Antarctic Peninsula in the northwestern Weddell Sea (Fig. 1, Table 1). These two sites are moderately to well recovered (Fig.2); provide a thick Pliocene sedimentary sequence and high sedimentation rates. Sediments are dominantly silty and clayey muds with varying amounts of biosilica, primarily diatoms. Dropstones are common at both sites and Site 695 has more volcaniclastic sediments.
Extensive research on these cores has been held back because of the problem of age determination. With the results of ANDRILL (Konfirst et al., 2011) and ODP Leg 318 (Tauxe et al., 2012), better chronostratigraphy is possible for these carbonate-free sediments. We have begun to use the new diatom biostratigraphy to narrow the possible sediment ages (Table 2) and will continue this effort. The diatom stratigraphy indicates very high sedimentation rates, >10cm/1000 years and puts the sediments that we focused on during the summer 2014 Keck project older than the Pliocene warm period (3.3 and 2.9 million years ago) that we anticipated. (Chandler et al., 1994; Fedorov et al., 2013).
Diatoms ages at Site 693, between about 50 and 110 mbsf, an almost continuously recovered portion place it in the lower Pliocene with a very high sedimentation rate of > 10 cm/1000 years. This provides an opportunity to observe sedimentary changes on an obliquity scale. An obliquity signal has been identified from the ANDRILL 1B site in the Ross Sea (Konfirst et al., 2011), with higher productivity and more diatoms during warmer periods and more hemipelagic muds during cooler intervals.
Another approach to determining orbital forcing and sedimentation rates is wavelet analysis (Darby et al., 2012; Sen et al., 2009). The orbital cycles identified at Site 693, using wavelet analysis on a variety of core measurements such as XRF, spectra and color (Hall et al., 2014) also show a strong obliquity-driven forcing. We are just beginning an analysis to identify the sedimentary changes that result from the forcing. One component appears to be a glauconite signal. Glauconite is found in the underlying Cretaceous sediments (OConnell, 1990). Cretaceous sediments were also recovered in dredge hauls of the canyon wall (Futterer et al., 1990). Futterer et. al (1990) speculate that the canyons were carved by glacial activity. Relative abundances of glauconite in combination with other sediment measurements (XRF, diatoms, grain size, etc.) will be used during the current academic year to attempt to define glacial interglacial cycles from Core 693A-8R. The results of this study will inform the specific projects proposed for 2015-2016 research.
Possible student research projects for either Site 693 or Site 695.
Changes in productivity. Higher productivity is associated with higher wt% biosilica, higher Ba/Al ratios (XRF) and higher diatom valve concentrations (Cook et al., 2013). If there was someone at a home institution to identify specific diatom species more subtle changes in biological communities might also be identified (Cortese and Gersonde, 2008). Most geochemistry labs can measure wt% biosilica (Mortlock and Froelich, 1989). Possibly C/N and N isotopes might also enhance understanding productivity signals and changes. The XRF data will be collected during the summer at IODP.
Infaunal communities. Bioturbation varies throughout Site 693. High-resolution core images make it possible to identify different marine-floor sedimentary conditions using specific trace fossils or ichnofabric. These in turn might show glacial/interglacial or high and low productivity cyclicity. This would be done at the home institution using high-resolution core images.
Paleomagnetic stratigraphy and provenance tracer. The magnetic reversal stratigraphy is poorly defined for Site 693 (e.g. Fig. 33, p 373 (Barker and Kennett, 1988)). Yet, based on the IODP 318 Expedition data, the current age calibrations of several diatom events in the Pliocene are “too young” to correlate with the Global Paleomagnetic Time Scale (Fig. 16 in (Tauxe et al., 2012)). The high sedimentation rate at this interval could help to improve the diatom chronostratigraphy. Rock magnetic properties themselves can also be used to trace provenance (Brachfeld et al., 2013; Tauxe et al., 2012). This project would require access to paleomagnetic facilities.
Wavelet Analysis: can be done on the principal components of the XRF data, spectral data on the sediment, and possibly other measurements. The wavelets are used to identify frequency spectra within the analyzed material. By assigning an age to the frequency, a sedimentation rate is estimated. This can be used to look for orbitally forced and non-orbitally forced changes in the depositional environment.
Provenance/mineralogy: can be addressed in multiple ways. Dropstones are common and predominantly ice rafted. Thin section and geochemical analyses of dropstones might allow a source region to be identified. This in turn can suggest iceberg travel paths (Williams et al., 2010). Icebergs are thought to flow for greater distances during colder climate intervals. Sand grains are common throughout the cores. The mineralogy of grains in grain mounts can be identified petrographycally and chemically. With access to an XRD, a student could determine the mineralogy of different sediment size fractions.
Grain-size analysis: Grain size analysis can help to identify potential transport mechanisms of the sediment. In particular, we would like to see if there is a very fine fraction that might be wind blown. Prevailing westerly winds suggest that windblown sediment from South America is unlikely to reach Antarctica today or even during the last glacial (McCave et al., 2014). In particular at Site 695, is there a In samples with a fine fraction, that component could be separated and analyzed for chemistry and mineralogy to see if the source was similar to the sand-size fraction.
Barker, P. F., and Kennett, J. P., 1988, Weddell Sea Paleoceanography – Preliminary-Results of Odp Leg-113: Palaeogeography Palaeoclimatology Palaeoecology, v. 67, no. 1-2, p. 75-102.
Brachfeld, S., Pinzon, J., Darley, J., Sagnotti, L., Kuhn, G., Florindo, F., Wilson, G., Ohneiser, C., Monien, D., and Josephh, L., 2013, Iron oxide tracers of ice sheet extent and sediment provenance in the ANDRILL AND-1B drill core, Ross Sea, Antarctica: Global and Planetary Change, v. 110, p. 420-433.
Chandler, M., Rind, D., and Thompson, R., 1994, Joint investigations of the middle Pliocene climate II: GISS GCM Northern Hemisphere results: Global and Planetary Change,, v. 9, no. 3, p. 197-219.
Cook, C. P., van de Flierdt, T., Williams, T., Hemming, S. R., Iwai, M., Kobayashi, M., Jimenez-Espejo, F. J., Escutia, C., Gonzalez, J. J., Khim, B. K., McKay, R. M., Passchier, S., Bohaty, S. M., Riesselman, C. R., Tauxe, L., Sugisaki, S., Galindo, A. L., Patterson, M. O., Sangiorgi, F., Pierce, E. L., Brinkhuis, H., and Scientists, I. E., 2013, Dynamic behaviour of the East Antarctic ice sheet during Pliocene warmth (primary article): Nature Geoscience, v. 6, no. 9, p. 765-769.
Cortese, G., and Gersonde, R., 2008, Plio/Pleistocene changes in the main biogenic silica carrier in the Southern Ocean, Atlantic Sector: MArine Geology, v. 252, p. 100-110.
: Nature Geoscience v. 5, no. 897-900.
Fedorov, A. V., Brierley, C. M., Lawrence, K. T., Liu, Z., Dekens, P. S., and Ravelo, A. C., 2013, Patterns and mechanisms of early Pliocene warmth: Nature, v. 496, no. 7443, p. 43-+.
Futterer, D. K., Kuhn, G., and Schenke, H. W., 1990, Wegener Canyon Bathymetry and Results From Rock Dredging Near ODP Sites 691-693, Eastern Weddell Sea, Antarctica, in Barker, P. R., Kennett, J. P., et al., , ed., Proceedings of the Ocean Drilling Program, Scientific Results, Volume 113: College Station, TX, TAMU, p. 39-48.
Hall, J. T., True-Alcala, T., Gross, J., Castello, V., Stripe, C., Ortiz, J. D., and OConnell, S., 2014, Comparison of XRF and Spectral Reflectance Derived Cyclicity in Pliocene and Pleistocene Sediments From ODP Site 693, Dronning Maud Land, Antarctica: Geological Society of America Abstracts with Programs, v. 46, no. 6, p. 356.
: Marine Micropaleontology, v. 80, no. 3-4, p. 114-124.
Lisiecki, L. E., and Raymo, M. E., 2004, A Pliocene-Pleistocene stack of 57 globally distributed benthic D18O records: Paleoceanography, v. 20, p. 1-17.
McCave, I. N., Crowhurst, S. J., Kuhn, G., Hillenbrand, C.-D., and Meredith, M. P., 2014, Minimal change in Antarctic Circumpolar Current flow speed between the last glacial and Holocene: Nature Geoscience, v. 7, p. 113-116.
Mortlock, R. A., and Froelich, P. N., 1989, A simple method for the rapid determination of biogenic opal in pelagic marine sediments: Deep-Sea Research Part A-Oceanographic Research Papers, v. 36, no. 9, p. 1415–1426.
OConnell, S., 1990, Sedimentary Facies and Depositional Environment ot th eLower Cretaceous East Antarctic Margin: Sites 692 and 693. , in Barker, P. F., and Kennett, J. P., eds., Scientific Results of the Ocean Drilling Program, Volume 113: College Station, TX, TAMU, p. 71-86.
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Tauxe, L., C. E. Stickley, S. Sugisaki, P. K. Bijl, S. M. Bohaty, H. Brinkhuis, C. Escutia, J. A. Flores, A. J. P. Houben, M. Iwai, F. Jiménez-Espejo, R. McKay, S. Passchier, J. Pross, C. R. Riesselman, U. Röhl, F. Sangiorgi, K. Welsh, A. Klaus, A. Fehr, J., A. P. Bendle, R. Dunbar, J. Gonzàlez, T. Hayden, K. Katsuki, M. P. Olney, S. F. Pekar, P. K. Shrivastava, T. van de Flierdt, T. Williams, a., and Yamane25, M., 2012, Chronostratigraphic framework for the IODP Expedition 318 cores from the Wilkes Land Margin: Constraints for paleoceanographic reconstruction: PALEOCEANOGRAPHY, v. 27, p. 1-19.
Williams, T., van de Flierdt, T., Hemming, S. R., Chung, E., Roy, M., and Goldstein , S. L., 2010, Evidence for iceberg armadas from East Antarctica in the Southern Ocean during the late Miocene and early Pliocene.: Earth and Planetary Science Letters, v. 290, p. 351-361.
What: This project is motivated by the objective to better predict the bioaccessibility of trace metals in the environment. Students will collect samples of iron (oxyhydr)oxide precipitates and water from an abandoned mine site, synthesize pure and trace metal substituted Fe (oxyhydr)oxides, and conduct simple leach experiments with synthesized minerals. Students will also use thermodynamic modeling of lab and field leach solutions to elucidate aqueous interaction with the secondary minerals present.
Project Overview and Goals: Trace metals (e.g., Mn, Co, Cu, Zn) are micronutrients for most organisms, but can be toxic above certain threshold concentrations. Trace metal bioaccessibility in aquatic environments is partly controlled by interaction with secondary minerals, and may involve both sorption-desorption and coprecipitation-dissolution reactions. During coprecipitation, trace metals may substitute into crystallographic sites, and may therefore be called trace metal substituted (TMS) secondary minerals. Many studies have focused on trace metal sorption-desorption, whereas relatively fewer studies have documented trace metal coprecipitation-dissolution. To elucidate how TMS secondary minerals control trace metal bioaccessibility, we will: (1) document trace metal substitution in and dissolution from synthesized schwertmannite (Swt), jarosite (Jr), and goethite (Gt); (2) compare and contrast the mineralogy, morphology, and chemical composition of natural ocherous precipitates to synthesized minerals; and (3) use thermodynamic modeling (PHREEQC) of lab and field leach solutions to elucidate aqueous interaction with the secondary minerals present.
Geologic Background: The environments that are particularly prone to formation of TMS secondary minerals are those containing acidic, iron- and sulfate-rich solutions that result from weathering of sulfide minerals. The variety of secondary minerals that form in such environments is vast, but a majority of them contain O2- ± OH– or SO42- ± OH– as the major anion(s) and Fe2+ and/or Fe3+ as the major cation(s), with or without K+ or Na+. Partly because of their relative abundance in stream and river sediments and soils, classic examples include: schwertmannite [Swt; Fe8O8(SO4)2(OH)6], jarosite [Jr; (K+,Na+,H3O+)Fe3(SO4)2(OH)6], and goethite [Gt; α-FeO(OH)]. Trace metal(loid)s may substitute for Fe3+ in octahedral sites (Swt, Jr, Gt), for K+ in highly coordinated sites (CN ≥ 9; Jr), and for sulfur in tetrahedral sites (Swt, Jr). For example, when Cu2+ substitutes for Fe3+ in jarosite, charge balance is maintained by coupling this substitution with Pb2+ substitution for K+ (Hudson-Edwards et al., 2008). Likewise, phosphorus (P) or arsenic (As) may substitute for sulfur in jarosite (e.g., Burger et al., 2009; Desborough et al., 2010; Dutrizac and Chen, 2010). Interestingly, As substitution into synthetic jarosite increases dissolution rates in open systems and decreases dissolution rates in closed systems (Kendall et al., 2013). The potential for TMS in secondary Fe (oxy)hydroxide minerals will directly impact the bioaccessibility of a given metal(oid).
Potential Student Projects: Students may synthesize pure and cobalt (Co)-substituted secondary minerals, and conduct parallel leach experiments with both types of synthetic samples. Synthesized solids will be characterized with X-ray diffraction (XRD) and scanning electron microscopy paired with energy dispersive spectroscopy (SEM-EDS). Solutions generated during simple leaching experiments will be analyzed for pH and conductivity, and solution chemistry will be measured using inductively coupled plasma mass spectrometry (ICP-MS). Each student may also collect Fe (oxyhyr)oxide precipitates and water samples from a field site near Cobalt, ID, and characterize these precipitates (XRD, SEM-EDS) and solutions (pH, conductivity, ICP-MS) upon return to Whitman. Students may then use the thermodynamic modeling program PHREEQC to analyze the solution chemistry results from their lab and field solutions. Students can also compare their leaching results to published leaching results for natural samples and/or their mineral. Thermodynamic modeling and comparing multiple leach studies can be done after the 4-week project at students’ respective home institutions.
Paulina Lake (PL) and East lake (EL) in the Newberry caldera (OR). The large grey flow in the back is the Big Obsidian flow (~1300 BP), and the narrow isthmus shows a tuff ring and glassy lava flow entering EL (~6000 BP).
What: The two Newberry Crater lakes are located at ~ 2 km elevation inside the Newberry Volcanic Monument area, which is located behind the Cascadian arc in the OR high desert, ~30 km south of Bend, OR. The lake waters are carbonate-rich, with neutral to slightly alkaline pH. Both lakes have subaqueous inputs of volcanic fluids: East Lake mainly H2S and CO2 with mercury as a pollutant, and Paulina Lake mainly carbonate-rich fluids with abundant Fe, As, Si and P. Both lakes have diatoms as important autotrophs, and the lake ecosystems are almost completely based on components from inside the earth: CO2, Si, and P are all of geothermal origin, whereas only the fixed nitrogen is generated inside the lakes by golfball-sized Nostoc cyanobacterial colonies using atmospheric nitrogen. Just add sunshine and there is your ecosystem!
When & Where: June 24-July 22, 2015. Arrival in Portland OR on the afternoon of June 24th. Stay in Newberry from June 25 to July 8, then drive to a college or museum in OR (location to be determined) and stay there from July 9 to July 21. Return to Portland OR on the morning of July 22 for return flight home. If someone from a nearby school joins this project (e.g., Whitman College), you may want to drive to Newberry and have your own transportation available. We can discuss the details about expenses in person.
Who: Professor Johan (Joop) C. Varekamp (Wesleyan University, E&ES, Middletown CT) is a geochemist by training and has worked on volcanic lakes around the world for several decades. He has worked on these two lakes for three years. He will guide the fieldwork, the coring efforts, the water sampling, the CO2 flux mapping, and the survey of the flood apron. Dr Greg Mulder (Lynn Benton) may join us with his team of engineering students to work with the subaqueous rover. Scott Herman, Wesleyan University alumnus, with a Master of Science degree from UC Santa Barbara and an independent geothermal consultant based in OR, may be recruited and help with the field work, camping arrangements, and boating. In addition, other help from Wesleyan Universty may be recruited as needed.
Project Overview & Goals: Our research goals are to understand the current functioning of these two lakes (water budgets, organic productivity, magnitude of volcanic inputs) and their history over the last few 1000 years. We will sample the lake waters in vertical profiles and scan the bottoms of the two lakes for gas vents and hot springs, using a fancy depth finder / side-looking sonar set-up as well as mapping with suspended CTD probes (lots of kayaking!). We will try to sample the gases and hot fluids with a subaqueous rover (in collaboration with Lynn Benton College, OR), which also has a drill, grabber, and video recording equipment. Elemental mass balance studies for the two lakes are the ultimate goals, using measured and calculated water and element fluxes, organic extraction of Si-C-P-N, and measurements of CO2 fluxes from the lake surfaces. We will collect cores of several m length to reconstruct the variations in volcanic gas input over time, apply tephrachronology to get ages, together with 210Pb-137Cs studies of the young sediments. After sampling and field data collection, waters and cores will be analyzed for their elemental and isotopic compositions, including d18O and dD in water, d13C in CO2 and in dissolved carbon, and d13C and d15N in organic matter. The cores will be analyzed for major and trace elements by XRF and ICP-MS. I can set up a diatom project for someone interested in diatom identification in the cores and water-filter samples. In Paulina Lake, we also find ostracods, which can be studied and analyzed for d18O for paleo-hydrology work.
The volcanic inputs into these two lake systems and their variation over time. Sampling of lake waters and hot springs for water analyses (chemistry and stable isotopes); inferences can then be made on water residence times, mineral saturation, and toxic element dynamics. Sonar studies have shown bubble trains of gases that rise from the bottom of EL, but never reach the surface of the lake because they dissolve along the way.
The lake ecosystems. We have labeled this subproject ‘Proterozoic Park’ because cyanobacteria were already known in the Precambrian, and life in these lakes may mimic that of the far terrestrial past. Questions include what has happened to the ecosystem since the first introduction of fish in both lakes around ~ 1912. The only fossils apart from diatom frustules and pollen in the sediment cores are valves of ostracods in PL, which waters are close to calcite saturation. The waters of EL have very large and several m thick floating islands of (largely) submerged aquatic vegetation, which also contribute to the organic carbon loading of the sediment (up to 8 % C(organic) in EL).
The CO2 dynamics of East Lake. The CO2 input into EL leads to an interesting sequence of bubble input, dissolution and diffusion of CO2 upwards, with subsequent gaseous diffusional escape from the water surface into the air. Little or no atmospheric carbon invades the lake, and a flux of volcanic/geothermal CO2 leaves the lake. We will measure the flux of CO2 at the lake surface with a CO2 accumulation chamber with a LICOR CO2 detector. All needed equipment is available (float chamber, LICOR detector, gas pump, solar cells, ‘waterproof’ laptop) and on-site we will build a raft with all equipment, and take measurements at various locations on the two lakes. We may also use gold traps to collect and determine the Hg escape from East Lake. We will take small gas samples for the detection of methane and measurements of carbon isotope ratios in the escaping gases. The dynamics of bubble rise, expansion, and dissolution would make an interesting side project of a more theoretical and / or experimental nature.
The Newberry lakes as a US Lake Nyos equivalent? The Newberry lakes have a strong thermal stratification in summer and a frozen surface in winter. Most CO2 escapes during the mixing events in fall and spring and through diffusion at the surface in the summer. The lakes may have been more poorly mixed during past times with a colder climate, and CO2 may then have built up in the hypolimnion. A perturbance or climate change may then create a turnover with associated lake explosion, as occurred at Lake Nyos (Cameroon) in 1976. The outlet of Paulina Lake (Paulina Creek) has many horsehoe-shaped water falls that are much too large to have formed with the modest water flow of the modern stream. Where the canyon enters the floodplain of the Little Deschutes River, a large apron of poorly sorted material is found with many boulders coated with white carbonates: a catastrophic flood deposit! The common interpretation is dam failure with resulting floods, but we like to explore in how far a lake explosion (such as occurred at Lake Nyos) or a volcanic event may have created this megaflood.
Sample subaqueous hot springs with rover or remotely with bottle.
Explain the unusual core sediment chemistry through the volcanic inputs and describe processes responsible for fixing the Hg and As into the sediment. Possibly XRD work on minerals in the sediments (Vivianite has been found).
V. Petrology of the ashes and cinders surrounding the lakes and one or two young cinder cones at the N end of the Volcanic Monument area (see Google earth map). This project will only go ahead if not enough students are recruited for the four projects listed above. This needs a petrology expert at the home institution to advise for a subsequent thesis study. Rock analyses by XRF and ICP-MS, petrography, and radiogenic isotope work. What is the nature of the Newberry volcano: extension of the Yellowstone plume/ Columbia River basalts or back-arc basalts related to the Cascades chain?
The Newberry lakes have two commercial resorts and many Forest Service campgrounds. The nights are slightly cool (it is at 2 km elevation) and the days can be hot and sunny. Much time will be spent on the water, be it on the pontoon boats or in kayaks. You should be able to swim and have either boating experience or willingness to learn. These lakes are favorite fishing spots for tourists so there is a fair amount of boating and other folks around. Despite that, it is an area of pristine nature and grandeur as rarely seen, but only 2 hours by car from the major town of Bend, OR. There are small restaurants at East Lake and Paulina Resorts and we will alternate group cooking and outings to the resorts for dinner, or make a short expedition to the Lapine truck stop (nearest village) for food (EXCITING!). We will work with Park Research permits, but respect for nature and the environment is expected. If some or all of you want to spend some of your own money, you can rent a cabin for 4 people at about $150.-/night for four persons and we would supply the equivalent camping fees ($40.-/night for four) . The expected private costs per person then is $30.-/night for 14 nights. The second two weeks will be spent on a college campus and we will find housing there either in dorms or in simple hotel rooms. Cell phone coverage at the lakes is absent (20 minute drive to get coverage), but there is incidental WIFI available at the restaurants. Dangerous diseases do not occur here as far as I know; an occasional wildlife issue may occur, but this well-known outdoors tourist location is not in the middle of Tibet or something like that.
The project expenses are high through the boat and van rentals and shipping of equipment, and I request a food contribution of each student of $500.- for the four week long expedition. The Keck budget will provide your RT air travel, camping fees and subsequent stays, all the food, and all research-related costs, with a remainder of a $1000.- stipend for each student (out of the $1500 Keck original or formal stipend). The work pace will be steady and by times hard: once you are on the lake in a boat we better finish what we were planning to do that day, but nothing extreme or endurance-related is expected. Many of the older fishermen/tourists are on the lake at 6 AM and get back by 5 PM! We will sometimes work as a group on a single project and sometimes work in subgroups. Ease of working with others and a sense of field camaraderie would be good character traits. Being able to camp for two weeks and staying clean (there are showers – take lots of quarters!) and well-fed would be helpful as well. And if you can cook, you sure are in business!
Course Requirements: If you want to work on a geochemical topic, you must have taken a course in geochemistry and/or isotope geochemistry. The sediment chemistry studies also need geochemistry/isotope geochemistry and or mineralogy/petrology. The flood apron studies need someone with a geomorphic fascination (taken geomorphology and hydrology), whereas those opting for beasty studies (diatoms, ostracods) would need a (micro)paleontology or geobiology course. The petrology project needs a Min/Pet/Geochem type student. Everyone would profit from some insights into modeling through Excel or with a common computer code.
We can discuss your options and recruit a local advising expert at your college.
Petrology of the ashes and cinders surrounding the lakes and one or two young cinder cones at the N end of the Volcanic Monument area (see Google earth map). This project will only go ahead if not enough students are recruited for the four projects listed above. This needs a petrology expert at the home institution to advise for a subsequent thesis study. Rock analyses by XRF and ICP-MS, petrography, and radiogenic isotope work. What is the nature of the Newberry volcano: extension of the Yellowstone plume/ Columbia River basalts or back-arc basalts related to the Cascades chain?
What: The 2015 southern New England Keck project will investigate Holocene and Anthropocene sediments and landforms to understand the regional history of floods, climate change and human impact. We will focus on targeted long-timescale (Holocene) sediment archives within major watersheds in the region (Housatonic, Connecticut, Thames) as well as detailed studies in small basins where multiple types of intense 17-early 20th land use and gully erosion has been identified. We will take advantage of the close proximity of focus areas and the home institution of the project leaders, allowing for a mix of field and laboratory research by student participants and active engagement with thriving research communities.
Where: Southern New England (northwestern Connecticut and western Massachusetts). Students will be housed at UConn and we will make day and overnight trips to the field. Students will have access to laboratory facilities at UConn.
Who: Six students. UConn Project leaders William Ouimet (geomorphology) and Michael Hren (geochemistry), and UConn graduate assistants.
What is the record of Holocene floods in southern New England, providing a Holocene context for events such as Hurricane Irene in 2011?
How do records of Holocene climate change vary across the region?
Is there a record of frequent fire in northeastern forests over the Holocene?
What is the erosional and depositional legacy of historic land use and sediment mobilization?
How does landscape response to widespread deforestation in de-glaciated regions such as southern New England compare to well-studied examples in un-glaciated landscapes in the mid-Atlantic US?
What is the role of slope and surface geology in affecting land use and degree of landscape response?
What is the legacy of historic land use on soil morphology, carbon storage and geochemistry in now reforested terrain?
Geologic Background: The processes that shape the southern New England landscape have shifted dramatically from Pleistocene glaciation to Holocene transgression to Anthropocene land management. The landscape of southern New England preserves a diverse record of Late Pleistocene to present environmental change. The Laurentide Ice Sheet retreated from the region between 21 and 17 ka, leaving a diverse array of glacial landforms and sediments throughout the landscape and leading to complex grain size variations throughout watersheds, river fragmentation (including wetlands), and varied bedrock/alluvial rivers (Thorson et al., 1998; Stone et al., 2005). More recently, the landscape experienced a remarkable history of land-use/land-cover change where nearly 200 years of deforestation and agricultural expansion in the 17th to early 20th centuries was followed by a dramatic reduction in agriculture and forest regrowth (Cronon, 1983; Merchant 1989; Foster et al., 2008) (Figure 1). In addition to landscape response associated with deglaciation and human impact, the southern New England landscape has also seen a range of climatic variability and extreme events such as hurricanes, floods and large-scale fires over the Holocene (e.g., Patton, 1988).
The 2015 southern New England Keck project will focus on select sediment archives within major watersheds in the region (Housatonic, Connecticut, Thames – Fig. 2) as well as detailed studies in small basins where multiple types of intense 17-early 20th land use and gully erosion has been identified (Figure 3). New geospatial data (LiDAR) has opened our eyes to a new level of detail for the geomorphology and dynamic history of this region. Available LiDAR datasets cover vast stretches of the forested terrain that now dominates the region and allow for a high resolution view of landforms and processes, fine scale targeting of field sites, and direct mapping of small scale features associated with the region’s 17th to early 20th century land use history (Johnson and Ouimet, 2014) (Figure 1 & 3). The 2015 southern New England Keck project will utilize LiDAR to target field sites for coring and trenching such as kettle ponds, wetlands and mill ponds, as well as identify watersheds characterized by varying types and extent of historic modification.
Evaluating the record of sedimentation and environmental change within sediment traps along major waterways. LiDAR analysis reveals many potential sites for sediment coring and detailed geospatial analysis within the Housatonic, Connecticut and Thames River watersheds (Figure 4), including one where preliminary data indicates preservation of 4 major floods over the last 11,000 yrs. Projects focused on these cores will include obtaining and analyzing Holocene paleo-climate records (employing organic geochemistry) and reconstructing evidence for historic flooding (employing sedimentalogical analysis and DEM based flood modeling).
Evaluating the record of sedimentation and environmental change within wetlands lying within low-gradient portions of the landscape and near topography displaying evidence for widespread historic land use. Projects would be focused on obtaining paleo-climate records as well as trying to identify and analyze legacy sediment hypothesized from 17th-early 20th century deforestation, erosion and sediment mobilization. We plan to target wetlands in the region allowing for a comparison with depositional records from steep portions of the landscape (i.e., eastern vs. northwest CT).
Evaluating the record of sedimentation behind numerous historic mill-dams that have been identified through LiDAR and field work. Projects would be focused on identifying, characterizing and analyzing the sedimentological and geochemical signature of legacy sediment hypothesized from 17th-early 20th century deforestation, erosion and sediment mobilization.
Evaluating widespread gully erosion observed throughout the region. Projects would be focused on addressing the hypothesis that gully erosion is dominantly Holocene or Anthropocene in origin.
Field analysis and GIS based mapping of terraces and alluvial fans within historically impacted, but now reforested watersheds. Projects would be focused on identifying and analyzing these landforms and sediment deposition associated with 17th-early 20th century deforestation, erosion and sediment mobilization.
Characterizing soil morphology and geochemistry for hillslope locations defined by different age, extent and types of historic land use. From historical imagery and LiDAR, we can specifically target hillslope locations characterized by different types and hypothesized periods of abandonment and land use.
Evaluate whether there is a record of forest fire in northeastern forests over the Holocene. Projects would be focused on the measurement of PAHs in various sediment archives collected by the research group. Fire is hypothesized to have occurred in dry periods during the Holocene, as well as in association with Native American land use practices prior to European settlement.
Figure 3: An aerial image shows a forested landscape while a hillshaded DEM derived from LiDAR data for the same area reveals polygons of stone wall lined fields, an old road, circular charcoal hearth platforms (lower right), an old foundation, and gully erosion. Data sources: CTECO (imagery) and USDA NRCS (LiDAR).
Working Conditions: Fieldwork will include walking in forests and along streams in heavily wooded areas and coring in muddy environments and occasionally using small boats. All students are required to be proficient swimmers. Insect repellent is required as some ticks in the area carry Lyme Disease. Only faculty and UConn graduate students will drive the vehicles.
Logistics: Keck 2015 project participants will be housed in dormitories and will eat breakfast and dinner at the University of Connecticut. We will make day trips to the field. Lunches will be provided on field days. There will be a longer trip in the beginning where we will camp and conduct fieldwork from a base camp. In addition, students will have access to laboratory facilities at UConn.

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text:
My main research interests are in the fields of tectonics, structural geology, paleodrainage and geochronology.
2018, Research Fellow at The Hebrew University of Jerusalem, Israel.
2016-2017, Postdoctoral Research Fellow at The University of Queensland, Brisbane, Australia.
2016, Doctor of Philosophy (PhD - Dean's Award), The University of Queensland, Brisbane, Australia (PDF).
2009, Masters in Geology (MSc - Valedictorian), The Hebrew University of Jerusalem, Israel (PDF - in Hebrew).
2005, Bachelor in Geology (BSc), The Hebrew University of Jerusalem, Israel.
2011, Masters of Industrial Design (MID - With Honours), Technion - Israel Institute of Technology, Haifa, Israel.
Was one of the founders and an active member of the StudioSofash Design Group.
Abdullah R., Nugroho R., Rosenbaum G., Doublier M.P., Shaanan U. and Zwingmann, H., 2019, Evidence for deformation in the Cambrian-Ordovician Warburton Basin and implications for the evolution of the Tasmanides (eastern Australia): Tectonics. in press.
Manchee P., Bianchi V., Shaanan U. and Esterle J., 2018, Sedimentary and drainage evolution of the Condamine Valley Transition Zone (eastern Australia): Australian Journal of Earth Sciences, in press.
Shaanan U., Rosenbaum G. and Campbell M. J., 2019, Detrital fingerprint: The use of early Precambrian zircon age spectra as unique identifiers of Phanerozoic terranes: Earth and Planetary Science Letters, v. 506, p. 97-103.
Campbell M. J., Shaanan U., Rosenbaum G., Allen C., Cluzel D. and Maurizot, P., 2018, Permian rifting and isolation of New Caledonia: Evidence from detrital zircon geochronology: Gondwana Research, v. 60, p. 54-68.
Itkin D., Crouvi O., Monger H. C., Shaanan U. and Goldfus H., 2018, Pedology of archaeological soils in tells of the Judean foothills, Israel: Catena, v. 168, p. 47-61.
Shaanan U., Rosenbaum G., Hoy D. and Mortimer N., 2018, Late Paleozoic geology of the Queensland Plateau (offshore northeastern Australia): Australian Journal of Earth Sciences, v. 65, no. 3, p. 357-366.
Hoy D., Rosenbaum G., Mortimer N. and Shaanan U., 2018, Hunter-Bowen deformation in South Percy Island, northeastern Australia: Australian Journal of Earth Sciences, v. 65, no. 2, p. 175-190.
White L., Rosenbaum G., Shaanan U. and Allen C., 2018, Reply to: “Comment on: Orocline-driven transtensional basins: Insights from the Lower Permian Manning Basin (eastern Australia) by White et al. (2016)”: Tectonics, v. 37, no. 1, p. 396-399.
Shaanan U., Rosenbaum G. and Sihombing F., 2018, Continuation of the Ross-Delamerian Orogen: Insights from eastern Australian detrital-zircon data: Australian Journal of Earth Sciences, in press.
Shaanan U. and Rosenbaum G., 2018, Detrital zircons as palaeodrainage indicators: Insights into southeastern Gondwana from Permian basins in eastern Australia: Basin Research, v. 30, p. 36-47.
Campbell M. J., Shaanan U., and Verdel C., 2017, Fold-interference patterns in the Bowen Basin, northeastern Australia: Australian Journal of Earth Sciences, v. 64, no. 5, p. 577-585.
Fielding R. C., Shaanan U. and Rosenbaum G., 2016, Sedimentological evidence for rotation of the Early Permian Nambucca block (eastern Australia): Lithosphere, v. 8, no. 6, p. 684-698.
White L., Rosenbaum G., Allen C. and Shaanan U., 2016, Orocline-driven transtensional basins: Insights from the Lower Permian Manning Basin (eastern Australia): Tectonics, v.35 p. 690-703.
Pisarevsky S.A., Rosenbaum G., Shaanan U., Hoy D., Speranza F., Mochales T., 2016, Paleomagnetic and geochronological study of Carboniferous forearc basin rocks in the southern New England Orogen (eastern Australia): Tectonophysics, v. 681, p. 263-277.
Shaanan U., Rosenbaum G. and Wormald R., 2015, Provenance of the Early Permian Nambucca Block (eastern Australia) and implications for the role of trench retreat in accretionary orogens: Geological Society of America Bulletin, v. 127, no. 7-8, p. 1052-1063.
Shaanan U., Rosenbaum G., Pisarevsky S. and Speranza F., 2015, Paleomagnetic data from the New England Orogen (eastern Australia) and implications for oroclinal bending: Tectonophysics, v. 664, p. 182-190.
Campbell M. J., Rosenbaum G., Shaanan U., Fielding C. R. and Allen C., 2015, The tectonic significance of lower Permian successions in the Texas Orocline (Eastern Australia): Australian Journal of Earth Sciences, v. 62, no. 7, p. 789-806.
Shaanan U., Rosenbaum G., Li P. and Vasconcelos P., 2014, Structural evolution of the Early Permian Nambucca Block (New England Orogen, eastern Australia) and implications for oroclinal bending: Tectonics, v. 33, no. 7, p. 1425-1443.
Hoy D., Rosenbaum G., Wormald R. and Shaanan U., 2014, Geology and geochronology of the Emu Creek Block (northern New South Wales, Australia) and implications for oroclinal bending in the New England Orogen: Australian Journal of Earth Sciences, v. 61, no. 8, p. 1109-1124.
Itkin D., Geva-Kleinberger A., Yaalon D., Shaanan U., and Goldfus H., 2012, Nāri in the Levant: Historical and etymological aspects of a specific calcrete formation: Earth Sciences History, v.31, no. 2, p. 210-228.
Shaanan U., Porat N., Navon O., Weinberger R., Calvert A. and Weinstein Y., 2011, OSL dating of a Pleistocene maar: Birket Ram, the Golan heights: Journal of Volcanology and Geothermal Research, v. 201, no. 1-4, p. 397-403.
Shaanan U., 2016. Formation of the New England Oroclines: Insights from Permian Sedimentary Basins in Eastern Australia. Thesis for the degree of Doctor of Philosophy at The University of Queensland, 218 pp (PDF).
Shaanan U., 2011. Integrative StudioBook: Book submitted as a graduation project for the degree of Master of Industrial Design at the Faculty of Architecture and Urban Planning, Technion - Israeli Technology Institution, 57 pp (PDF).
Shaanan U., Stein M., Weinstein Y., Weinberger R. and Navon O. 2009. Maar Birket Ram. Conference field excursion - Israel Geological Society annual meeting, Kfar Blum, Israel (field guide - in Hebrew).
Shaanan U., 2009. Birket Ram maar. Thesis for the Degree of Master of Science, The Hebrew University of Jerusalem, 79 pp (PDF - in Hebrew).
Shaanan U., Verdel C., 2013. Hunter Valley Photogrammetry Project. The University of Queensland, Australia (PDF).
Shaanan U., 2009. Birket Ram maar. Geological Survey of Israel, Jerusalem. Report: GSI/13/2009, (PDF - in Hebrew).

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Often, an industry-adopted technical standard includes technology covered by patents, and the owners of these patents agree to license the patents on fair, reasonable, and non-discriminatory (FRAND) terms as part of the standard-setting process. This article explores options available to the patent owners when a member of the industry declines to accept a license on terms deemed to be FRAND by the patent owner, and nevertheless, implements the standard.
A technical standard may be defined as an established norm or requirement which provides a common design for a product or process. Examples of technical standards include application programming interfaces, communication protocols (e.g., Wi-Fi and Ethernet), and computer hardware standards (e.g., USB and HDMI), to name a few. While some technical standards may arise as the result of widespread use and acceptance in a market (i.e., “de facto” standards) or a government mandate (i.e., “de jure” standards), in many instances, the adoption of a technical standard is determined by a standard setting organization (SSO) including manufacturers, engineers, and users of a given industry.
Members partaking in the standard-setting process of an SSO meet with the goal of adoption of a technology as a standard for the industry. Participation in the standard-setting process of an SSO is typically voluntary and open to all industry members. However, because of the potential market power resulting from including a member’s intellectual property (IP) in a standard, members of an SSO must agree to accept the terms and conditions specified in a given SSOs bylaws. Most SSO bylaws include two requirements governing ownership of IP. First, members must disclose, prior to the adoption of a standard, IP rights of which they are aware that would be essential to the implementation of a proposed standard. Second, members must commit to license any IP that proves essential to an adopted standard on FRAND terms.
While some discrepancies have arisen over the scope of an IP owner’s duty to disclose IP, the commitment to license a standard essential patent (SEP) on FRAND terms has “led to an increasing number of litigation claims alleging that one party or another . . . has failed to comply with its FRAND obligations.” Even though SEP owners commit to license SEPs on FRAND terms, the “typical SSO patent policy mandating that a royalty be ‘fair, reasonable and non-discriminatory’ gives little guidance for royalty determination because ‘reasonable’ can mean different things to a technology owner and a technology buyer”. As a result, many failed licensing negotiations result in litigation between an SEP owner and a party that nevertheless implements the standard in a product.
Given a party’s refusal to accept a proposed license which an SEP owner believes includes FRAND terms, what remedies are then available for the SEP owner in light of potential infringement of their IP? Does the embedding of a patent into a standard restrict the SEP owners “right to exclude others” from making, using, or selling their invention? It is not challenged that, if a SEP owner has offered a FRAND license and an implementer of a standard does not license a SEP associated with the standard, the SEP owner is entitled to damages. But should the SEP owner be entitled to injunctive relief?
In 2011, the Federal Trade Commission (FTC) initiated a policy project to discuss standard-setting issues. As part of the project, a workshop was held, and comments from consumers, academia, and industry members were solicited. Interestingly, one of the questions for which the FTC requested comments was whether a FRAND commitment should preclude a patent owner from seeking an injunction against practice of the standard. Comments both for and against an SEP owners’ entitlement to injunctive relief were received. Notably, Broadcom, Cisco Systems, Hewlett-Packard, IBM, and Research In Motion commented that SEP owners should not be entitled to injunctive relief while Microsoft, Nokia, and Qualcomm disagreed. However, those comments are not binding and, perhaps as an indication of the current level of uncertainty surrounding the issue, Microsoft has since published a statement suggesting that it will not seek an injunction against any firm on the basis of a SEP.
Much of the debate stems from the perceived role that the threat of an injunction plays in SEP licensing negotiations. For example, often an implementer of a standard may invest heavily in product design or production facilities associated with a product employing SEP technology, to the point where switching to an alternative technology may prove costly. Later, during licensing of the SEP, “the patentee can use the threat of an injunction to obtain royalties covering not only the value of its invention compared to alternatives, but also a portion of the costs that the infringer would incur if it were enjoined and had to switch.” Grounded in the belief that the threat of injunctive relief could negatively affect licensing agreements, theories that committing to license an SEP on FRAND terms constitutes a waiver of an SEP owners’ right to seek a court injunction have been developed.
On the other hand, proponents of injunctive relief for SEP owners argue that a “no injunctions rule” for SEPs would harm the current standardization process. They assert that FRAND commitments, which are contracts agreed to by patent owners participating in a given SSO, do not include ‘no injunctions’ provisions. Consequently, “adding a new ‘no injunctions’ provision to that contract, without patentees’ consent, would be inconsistent with freedom of contract.” They also emphasize that FRAND commitments are a necessary component of SSO bylaws, designed to secure reasonable conditions for commercial implementation of standards and yet attract the participation of innovators. If an SSO’s bylaws are too onerous for innovators, innovators might elect not to participate.
Other supporters of the availability of injunctive relief argue that if SEP owners’ only relief were an award of damages, “standard adopters would be invited to take their chances in court and begin immediately using the invention without trying to obtain a license.” Further, patent owners might even opt to settle for a license that is less than what they consider fair and reasonable, rather than face expensive and uncertain court proceedings for an award of damages.
In the midst of the disagreement, others seem to think that the threat of injunctions on FRAND-obligated patents is a perceived fear that has no factual basis. The Supreme Court has held that the four traditional factors should be considered in making a determination to grant injunctive relief for patent disputes. One of the four factors requires that the alternative of monetary relief must be inadequate. While this only one factor to consider, some courts have recognized that if a patentee has “engaged in a pattern of licenses under the patent,” it may be “reasonable to expect that invasion of the patent right can be recompensed with a royalty rather than with an injunction.” Thus, injunctions on FRAND-obligated patents are by no means guaranteed or automatic, and perhaps any perceived threat should be narrowed.
The debate over the availability of injunctive relief for SEP owners has become a closely examined issue, as SEP owners and implementers alike await rulings by the courts and regulatory organizations on the matter. As highlighted by Judge Koh of the Northern District of California, “a number of courts have recognized a legal distinction between a normal patent – to which antitrust market power is generally not conferred on the patent owner, and a patent incorporated into a standard – to which antitrust market power may be conferred on the patent owner.” Additionally, the FTC recently expressed concern to Congress about SEP owners obtaining injunctions. In testimony presented before the Senate Judiciary Committee, Commission Ramirez alluded to the rise and potential consequences of SEP owners seeking ITC exclusion orders. Finally, the ITU announced that “in light of the worldwide increase in [SEP] litigation” the ITU will host a “high-level roundtable discussion between standards organizations, key industry players and government officials” in Geneva this October, where topics to be discussed include “entitlement to injunctive reliefs.” Therefore, the coming months should provide further insight into the availability of injunctive relief for SEP owners.
 RAND is a commonly-used synonym for FRAND.
 Carl Shapiro, Setting Compatibility Standards: Cooperation or Collusion?, in Expanding the Bounds of Intellectual Property 86 (Rochelle Dreyfuss, Diane Zimmerman & Harry First, eds. 2001).
 Mark Lemley, Intellectual Property Rights and Standard-Setting Organizations, 90 Calif. L. Rev. 1889, 1904 (2002).
 See Rambus Inc. v. Infineon Techs. AG, 318 F.3d 1081, 1100 (Fed. Cir. 2003) (“Rambus’s duty to disclose extended only to claims in patents or applications that reasonably might be necessary to practice the standard.”).
 Jorge Contreras, The February of FRAND, Patently-O (Mar. 6, 2012), http://www.patentlyo.com/patent/2012/03/february-of-frand.html.
Economy (Apr. 18, 2002) (statement of Richard T. Rapp, President, National Economic Research Associates), available at http://www.ftc.gov/opp/intellect/020418rappstiroh.pdf.
 35 U.S.C. § 154(a)(1) (2011).
 35 U.S.C. § 284 (2011).
 Patents and Standards: Tools to Prevent Patent ‘Hold-up’, http://www.ftc.gov/opp/workshops/standards/index.shtml (last visited July 31, 2012).
Request for Comments and Announcement of Workshop on Standard-Setting Issues, 76 Fed. Reg. 28036, 28037-38 (May 13, 2011).
 FTC Issues Agenda for Workshop to Explore the Role of Patented Technology in Collaborative Industry Standards, http://www.ftc.gov/os/comments/patentstandardsworkshop/ (last visited July 31, 2012).
 Microsoft’s Support for Industry Standards, http://www.microsoft.com/about/legal/en/us/IntellectualProperty/iplicensing/ip2.aspx (last visited July 31, 2012).
 Federal Trade Commission, The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition 144 (2011), available at http://www.ftc.gov/os/2011/03/110307patentreport.pdf.
 See Joseph Scott Miller, Standard Setting, Patents, and Access Lock-in: RAND Licensing and the Theory of the Firm, 40 Ind. L. Rev. 351, 358 (2007); Douglas Lichtman, Understanding the RAND Commitment, 47 Hous. L. Rev. 1023, 1026 (2010).
 Hill Wellford, Reasons to Reject a “No Injunctions” Rule for SEPs and FRAND-Obligated Patents, 4 CPI Antitrust Chron., no. 2 (2012), at 2, available at http://www.bingham.com/Publications/Files/2012/04/No-Injunctions-Rule.
 Damien Geradin & Miguel Rato, Can Standard-Setting lead to Exploitative Abuse? A Dissonant View on Patent Hold-up, Royalty Stacking and the Meaning of FRAND, 3 Eur. Competition J. 101, 119 (2007).
 Wellford, supra note 16, at 4.
 eBay Inc. v. MercExchange LLC, 547 U.S. 388, 391-92 (2006).
 Hoard v. Reddy, 175 F.3d 531, 533 (1999) (“the inadequacy of one’s damages remedy is normally a prerequisite to injunctive relief.”).
 Polymer Techs., Inc. v. Bridwell, 103 F.3d 970, 974 (Fed. Cir. 1996).
 Apple Inc. v. Samsung Elecs. Co., No. 11–CV–01846, 2012 WL 1672493, at *6 (May 14, 2012); see also Broadcom Corp. v. Qualcomm Inc., 501 F.3d 297, 314 (“[The value of a patent] becomes significantly enhanced . . . after the patent is incorporated in a standard.”); Research in Motion Ltd. v. Motorola, Inc., 644 F.Supp.2d 788, 793 (N.D. Tex. 2008) (explaining that standards essential patents are different from normal patents in that standards essential patents confer monopoly power on the patent owner because “[a] standard . . . by definition, eliminates alternative technologies,” and enhances the value of the patent).
 FTC Testimony Expresses Concern that Owners of ‘Standard-Essential’ Patents May Obtain Injunctions Enabling them to Hold Up Other Firms, http://www.ftc.gov/opa/2012/07/septestimony.shtm (last visited July 31, 2012).
 Prepared Statement of the Federal Trade Commission; United States Senate Committee on the Judiciary Concerning Oversight of the Impact on Competition of Exclusion Orders to Enforce Standard-Essential Patents (July 11, 2012) (statement of Edith Ramirez, Commissioner of the Federal Trade Commission), available at http://www.ftc.gov/os/testimony/120711standardpatents.pdf (“Although all federal district courts must follow the equitable eBay injunction analysis, the ITC, another venue in which patentees may litigate, does not. That discrepancy has generated concern that the ITC now is attracting litigation by patent owners that are less likely to meet the requirements to obtain an injunction in federal court, potentially leading to hold-up and any related consumer harm.”).
 High-level ITU talks address rampant patent litigation: Innovation-stifling use of intellectual property to be tackled, http://www.itu.int/net/pressoffice/press_releases/2012/45.aspx (last visited July 31, 2012).


text:
Opinion filed January 22, 1948.
WRIT OF ERROR to the Circuit Court of Lake County; the Hon. RALPH J. DADY, Judge, presiding.
GLENN K. SEIDENFELD, of Waukegan, for plaintiff in error.
GEORGE F. BARRETT, Attorney General, of Springfield, and HARRY A. HALL, State's Attorney, of Waukegan, (DANIEL J. DALZIEL, of Waukegan, of counsel,) for the People.
The plaintiff in error, Herman A. Manske, hereafter referred to as defendant, was indicted by the grand jury of Lake County for manslaughter. The indictment contains four counts. The first count charged that on January 28, 1947, the defendant assaulted Emma Jeska with his fist, striking her a violent blow in and about her face, mouth, chin or jaw, knocking her down with great force and violence upon the floor, against the wall, or some other object unknown, causing her to strike her head with force and violence, whereby her skull was fractured, giving her a fatal and mortal wound, from which she died January 31, 1947. The second count is substantially the same, except the injury and death were caused in some manner to the grand jurors unknown. The third count is the same as the first count, except the charge is that the defendant struck the deceased with a bottle. The fourth count charged the defendant made an assault upon Emma Jeska with a certain bottle, with intent to inflict great bodily injury, when all of the circumstances showed an abandoned and malignant heart. The defendant waived trial by jury, and the trial was had by the court. After the evidence was concluded, the court, without hearing any argument, said: "I am going to find this man guilty of manslaughter." A motion for a new trial and a motion in arrest of judgment were both denied by the court, which thereupon sentenced the defendant to the penitentiary for a minimum of five years and a maximum of fourteen years. From this action of the trial court the defendant prosecutes his writ of error.
The evidence discloses that Emma Jeska, a woman about fifty years of age, was found dead upon the morning of February 1, 1947, lying in a bed in a three-room cottage in the country part of Lake County, in which she had been living with the defendant. The body was on its back with blood dried on the right cheek and blood matted into her hair over the right ear. The right side of the face was flattened, as though the head had laid on a flat surface, and blood had formed and dried matting the hair. There was no blood or stains of blood on the bed linen, and none was found elsewhere in the house, or upon any object in the house. Upon the body there was an abrasion on the nose approximately three-fourths of an inch long and one-half inch wide, and the skin had started to heal before death. There was a bruise upon the right temple, on one finger of the left hand, and on both knees. An autopsy performed that evening disclosed a large subdural hemorrhage on the left side, causing a depression in the frontal lobe of the brain. It also disclosed a fracture of the inner plate of the skull in the right occipital area, and a fracture of the bone which separates the nose from the skull cavity.
The physician performing the autopsy testified that whatever caused the injury to the right side of the head could cause the fracture, and as a result of the fracture the transmitted force through the skull cavity could have caused the hemorrhage on the other side of the brain. The physician also testified that the death was actually produced by the subdural hemorrhage, and that the subdural hemorrhage was caused by whatever produced the fracture.
The autopsy also disclosed there was no food in the stomach, the small intestines were empty, and very little matter in the large intestine. It also disclosed that the skin was clear; the muscles were normal in appearance; the lungs were normal; there was no evidence of hemorrhage or other pathological findings in the lungs; the heart was also essentially normal, the valves were normal, the muscles were of good color, and showed no evidence of old or recent damage. There was no abdominal fluid or hemorrhage of the abdominal cavity; the stomach was in its normal position, as were also the intestines, and the bladder was empty. The spleen was removed and found to be normal; the liver and kidneys were normal; and the cause of death was basal skull fracture in the right occipital area, multiple bruises and abrasions, subdural hemorrhage in the left frontal lobe of the cerebrum. The physician did not make a microscopic examination of the organs of the body.
At the time of the autopsy there was no rigor mortis in the body. The physician stated the hemorrhage which caused death could not form in less than eight or ten hours, nor more than twenty-four to forty-eight hours prior to death. He further testified that rigor mortis starts in about eight to twelve hours, and remains in the body from two to four days, depending upon the circumstances. Heat will usually slow up the process, and cold will add to it more quickly. He gave it as his opinion that the deceased had been in fair health previous to death, and that in his opinion she had been dead about forty-eight hours at the time of his examination.
At the time the body was found the fire in the house was out and water in the kitchen had frozen. The defendant was about sixty years old, and had been employed as a bartender in a local club for more than a year. The defendant and the deceased had purchased the property several months before the death, and had been living together, although defendant was married and had a wife and family he was supporting. Defendant worked at the club where he was employed, from three P.M. until midnight, with the exception of Friday and Saturday, when he worked until one A.M. He had every Monday as his day off. During the week preceding the finding of the body the defendant had not worked on Monday, but came to work on Tuesday, and on Tuesday night and Wednesday night he stayed at the club because of a severe snow storm, but as to Thursday there is some conflict as to whether he stayed at the club or went to his home. He returned to the club about 3 P.M. Friday and worked until the club closed. He did not go home Friday night, but slept at the club, and shortly after 7 A.M. Saturday went to his house. He returned to the club about 9 A.M., and at the time was excited and in tears, and told the porter that he had to knock the door down and found Emma dead and lying on the floor, and asked that a funeral director be called, and to notify Mrs. Jeska's son. The funeral home informed the porter it would be necessary to call the sheriff's office, and when informed of this defendant requested that the sheriff stop by the club and pick him up, so he could accompany him to the house. He went with the deputies, and was taken into custody when they discovered the condition of the deceased. The evidence shows the defendant at the time was highly nervous, and made various statements that he supposed they would attempt to "pin this on me."
After the defendant was taken into custody he made three statements. One was taken on the day the body was found; the second was taken four days later; and the third consisted of his testimony at the coroner's inquest a week later. The first two statements were given to the State's Attorney, and were taken down by the court reporter. All three statements are somewhat conflicting, but in the main agree upon the essential details. He says he came home Tuesday morning about four o'clock, after his day off, and that at that time the deceased called him vile names and he hit her and knocked her down on the davenport, and when she got up he struck her again. The vile statements were applied not only to himself but to his wife and daughters. He is not definite in this statement as to what he used to strike the deceased. He also stated that on Friday morning he had another argument, and that she again applied the vile names, which resulted in him hitting her with his open fist, and backing her up against a table, when she complained he was hurting her back, and he let her go, and she went to bed. In his statement before the coroner's jury he said the last time he saw the deceased alive was on Friday morning.
Defendant testified in his own behalf upon the trial, and said that on Monday he had asked the deceased to go to town with him so they might file their income tax return, but that she was drinking and would not go; that he had several drinks in a tavern on that day, and returned on Tuesday, when the deceased, who had been drinking, argued with him, calling him vile names, when he slapped her in the face and on the mouth, and when she came back for more he pushed her on the davenport; that he came home on Thursday morning and got a clean shirt, and that the deceased was in good condition, and ironed the shirt for him, and that on Friday morning, when he told her he had been sending money to his daughter for her support, that she called his daughter obscene names, and that he hit her on the side of the face, and pushed her against the table.
In addition to this evidence the defendant introduced testimony of three witnesses to the effect he had a good reputation as a peaceable and quiet citizen, and there is in the record testimony that the deceased had been sick for some time, and that it was difficult for her to walk by herself, and that she drank excessively. At the close of this testimony the court, without hearing argument from either side, announced he was going to find the defendant guilty of manslaughter, and that he would hear arguments as to the punishment to be inflicted. Counsel for the defendant protested he desired to argue the evidence, but he was interrupted by the court announcing that he did not care to hear further argument on the evidence.
The defendant contends the conviction cannot be sustained principally for three reasons: First, the corpus delicti was not established beyond a reasonable doubt; second, that it was not proved beyond a reasonable doubt that defendant caused the death of deceased; and, third, that the court committed reversible error in depriving the defendant of a fair and impartial trial by refusing to hear arguments on the evidence.
The argument of counsel centers principally upon whether the corpus delicti was proved in the case. The rule as to what constitutes the corpus delicti has been announced many times. In a trial for murder it consists of two parts or essential elements, — the fact of death, and the fact that death was produced by the criminal agency of some person. (People v. Bentley, 357 Ill. 82; People v. Hanson, 359 Ill. 266.) Both of these elements must be established beyond a reasonable doubt. (Campbell v. People, 159 Ill. 9; Hoch v. People, 219 Ill. 265; People v. Ahrling, 279 Ill. 70.) The corpus delicti consisting as it does of proof of death and of a criminal agency does not in itself include the person who committed the crime, although it is one of the elements necessary to be proved beyond a reasonable doubt to convict the defendant. The question raised here, however, is whether or not the corpus delicti, consisting of the two elements of death and criminal means, has been established.
The fact that the dead body of Emma Jeska was found is admitted to be true, so that the other element on which proof must be made to establish the corpus delicti was that of the criminal agency. The facts established on this second element were that deceased had two fractures of the skull, one to the right rear, and the other where the nasal bone joins the cavity of the skull under the frontal bone. The fracture to the right rear resulted in a subdural hemorrhage which was the direct and producing cause of death. There were contusions upon the face, hands and knees of the deceased, established beyond any question. The proof shows every other vital organ of the deceased was normal, and that the door of the building was locked from the inside when her body was found, excluding the hypothesis that some other person had been within the building. And besides, there is the direct testimony of the defendant upon the witness stand that he struck the deceased on two different occasions, both times knocking her down upon the floor or upon the davenport, and also of pushing and shoving her against a table. In addition to this the testimony of the doctor is that the wounds and injuries inside of the skull were sufficient to cause death, and that the blow from the outside would and could have caused the right rear fracture.
It is contended, however, that the corpus delicti cannot be established by the statements of the defendant. This is not an accurate statement of the law. The well-settled rule is laid down in Campbell v. People, 159 Ill. 9, as follows: "It is, however, familiar law, and frequently recognized by this court, that extra-judicial confessions of the commission of crime, where such confessions are relied upon to establish guilt, are not sufficient to authorize a judgment of conviction without other sufficient proof of the corpus delicti, but that the corpus delicti should first be otherwise established, not, however, necessarily by direct evidence only. [Citations.]" This case has been cited and followed a great number of times and is settled law upon the subject. The point to be noticed, however, is that the corpus delicti, that is, the death and the criminal agency, cannot be established by the extra-judicial confession of the defendant. A confession is an acknowledgment of guilt, and not of any particular fact connected with the case, and the rule was doubtless adopted because in the past instances had occurred where defendants, under promises or threats, confessed to the murder of missing persons, who, in fact, were afterwards found to be living.
It is to be noted also that the rule as laid down refers to extra-judicial confessions, which, of course, are confessions made outside of a hearing before a magistrate or court. A judicial confession consists of a plea of guilty to an indictment, or some similar action in a court or judicial proceeding. There is a well-defined distinction, however, between a confession and an admission. In People v. Gibbs, 349 Ill. 83, (a homicide case,) it was said: "The statements made by him were exculpatory admissions and did not amount to a confession of guilt. They amounted to a claim of self-defense. An acknowledgment of facts which may tend to establish guilt is not a confession but only an incriminating admission, which may be made without any intention of confessing guilt. The statements being exculpatory, preliminary proof of their voluntary character was unnecessary."
In People v. Kircher, 309 Ill. 500, (a homicide case,) certain statements had been taken from the defendant, and in the trial of the cause offered in evidence. The objection was made that there was no proof of their having been voluntarily made, which was overruled. In passing upon this alleged error the court said: "Counsel have devoted the greater part of their brief and argument to its discussion, treating the statements as if they were confessions. They were not confessions. A confession is a voluntary admission or declaration by a person of his agency or participation in a crime. It is an acknowledgment of guilt and not of incriminating facts. [Citations.] An acknowledgement of facts merely tending to establish guilt is not a confession but only an incriminating admission, which may be made without any intention to confess guilt." In the Kircher case a number of citations from other States are made to illustrate the rule. People v. Okopske, 321 Ill. 32, (a murder case,) follows the Kircher case.
The direct testimony of the defendant in this case while a witness in his own behalf, and not as a confession, established facts which are material to the proof of the second element of the corpus delicti. This testimony upon the witness stand, given for the purpose of disclosing facts excusing himself certainly cannot be considered an extra-judicial confession. It is, however, proof of facts going to establish the corpus delicti. In this case, therefore, by competent evidence, the death of Emma Jeska is established, together with the other facts proving an illegal agency causing such death.
The question next presented to the court is whether the defendant, Manske, was the person who put into motion the criminal agency which caused the death of the deceased. There is no doubt from his own testimony that he assaulted the deceased upon two different occasions within forty-eight hours of each other. The assault was heavy enough so that in both instances she was either knocked to the floor or against or upon some furniture. The assaults were unjustified, not in self-defense, and were illegal. While there is some testimony of a witness that the deceased was of a sickly nature, the evidence of the doctor shows all of her vital organs were in normal condition for a woman of her age. And there was a further circumstance, from the absence of blood from the bed linen, that the evidence of the assault had been cleaned or washed from the floor of the room, and the defendant admits he took her from the floor Saturday morning and placed her in bed. The locked door, at least presumptively, excluded the presence of any other person in the house during the absence of the defendant.
The question of whether such proof establishes the guilt of the defendant beyond a reasonable doubt is a question for the jury. A crime had been committed. Does the evidence show that the defendant was the author of the crime? It is claimed there are no cases in the books which justify the conviction of the defendant under circumstances such as are disclosed in this record. In People v. Hartwell, 341 Ill. 155, the defendant was charged with murdering a woman by beating her to death, and the point was raised that he had not been proved guilty beyond a reasonable doubt. There were bruises upon her body which were sufficient to cause death, and she was found upon the floor of the bedroom of the defendant, in a helpless condition. In discussing this proof the court held that all of these circumstances and controverted questions of fact were submitted to the jury, and that they were sufficient to justify the affirmance of the case.
In People v. Sink, 374 Ill. 480, the question involved was whether the striking and beating of the deceased with their fists by the defendants were the cause of death. The defense claimed the cause of death was an injury he had received in an automobile accident some days before. The evidence disclosed that while the deceased did not have a fractured skull there was an internal hemorrhage of the brain which the physicians testified could have been caused by the blows inflicted, and which produced death. The defendants offered evidence to the contrary, but, in affirming the conviction, we said: "It was the jury's province to consider all the circumstances bearing upon the cause of death and, in the light of these, determine the weight to be accorded to the testimony of the several medical experts. There is sufficient evidence to sustain the verdict and in such a situation this court will not substitute its judgment for that of the jury. [Citations.]"
We are of the opinion, therefore, that, upon the main issue raised by the plaintiff in error, the corpus delicti was established beyond a reasonable doubt by direct testimony, and not by any confession upon the part of the defendant. We are of the opinion also that there was evidence as to who was the author of the blows which caused the death, sufficient to establish beyond a reasonable doubt that they were inflicted by the plaintiff in error. The finding of the judge based upon the evidence in this regard, under such circumstances, will not be disturbed.
It is also claimed that the trial court committed reversible error in declining to hear argument after the evidence was concluded. As a general rule, in a trial by the court without a jury, we are of the opinion that it is advisable in most instances for the court to listen to argument of counsel, even though it does not appear to be helpful to the court. The testimony was all taken in the presence of the trial judge; he had the opportunity to see and to hear the witnesses, and to observe the attitude and manner of testimony of the defendant. He could observe wherein he was contradicting his statements in court with those made to the officers, and could more properly judge the weight to be given the same than could we. It was perfectly natural for defendant, after the body of the deceased was discovered, and the evidence of the bruises found upon her body, to soften as much as possible the description of the assaults, which he admits were committed.
We are of the opinion that the argument of counsel in this particular case would not have aided the court very much. The same point was made in People v. Berger, 284 Ill. 47, and there the distinction was made between arguments before a court without a jury and before a jury, and it was held argument to a jury was a matter of right, but argument before a court, alone, was largely a matter of sound discretion of the trial judge. In this particular case the court believed the evidence sufficient to convict the defendant of manslaughter, and after so announcing told his counsel he would be heard upon the question of punishment, but declined to hear any argument upon the guilt of the defendant.
We are thoroughly satisfied of the guilt of the defendant beyond a reasonable doubt, and do not believe that the defendant was prejudiced in any way by the court declining to hear argument upon the merits of the cause.
The judgment of the circuit court of Lake County is affirmed.

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