TEMPLETemple University James E. Beasley School of Law Alumni News • June 2018Temple ICC moot court team represents U.S. at The HagueESQ_June18_final_crw2.indd 15/29/18 9:17 AMInside this issueMARIAN BRACCIATemple names new director of LL.M. in Trial Advocacy. Other new faces: Colleen Treml, Mai Le, and Brittne Walden.6ALUMNI NEWSClass notes and notable alumni accomplishments.COMPLIANCE CENTERErnst & Young is founding sponsor of Temple Law Center for Compliance and Ethics. Compliance expert Hui Chen lectures at the center.91015DON HARRIS How to regulate digital copyright is subject of Friel Scanlan Lecture. 3SPRING EVENTSDistinguished spring lecturers included Marsha Levick, Akhil Amar, Michael Graetz, and Juan Thomas. TOM LINCorporations and securities professor receives Lindback Award. 4ESQ_June18_final_crw1.indd 25/23/18 10:47 AMhague moot court competition As we go to press, DANIELLE DEROHANNESIAN ’18, HWUI LEE ’18, and ALISON SMEALLIE ’19 are preparing to travel to The Hague, Netherlands. Over a period of five days, they will conduct oral arguments and present briefs about human trafficking in the shrimp industry in the country of Northeros. The country, like the victims—and all allegations in the case—are fictional. The setting of the final round, however, will be an actual courtroom of the International Criminal Court (ICC), and actual ICC judges will adjudicate the fictional case.The Temple Law squad is one of two teams representing the U.S. in the international round of the International Criminal Court Moot Court Competition. The other U.S. team is fielded by Johns Hopkins University School of Advanced International Studies. The teams won the honor of representing the U.S. in March, when students from 15 U.S., Canadian, and Guatemalan universities convened at the annual regional competition, held at the Elisabeth Haub School of Law at Pace University in White Plains, NY.While Temple ICC Moot Court teams have advanced to the semi-final round three times in the past five years, DerOhannesian, Lee, and Smeallie are the first Temple squad to advance to the international round. Teams are judged on their written briefs as well as performances in the oral arguments. Graduating law student Lee, who was recognized as the third best prosecutor in the regional competition, says, ““I could never have imagined that I would be afforded an opportunity to go to an international law competition at The Hague. . . . Participating in the competition was one of my best law school experiences, not only for the sheer amount of international criminal law I learned, but for the closer relationship I came to have with our coaches and my two teammates.” DerOhannesian agrees about the value of participating in the team. “Although law school prepared us well for many aspects of participating in this competition, domestic law is different from international law in significant ways,” she explains. “International criminal law, in particular, covers unique crimes, such as genocide, and has its own distinct policy debates. It was critical to our success to share our individual experiences in international law with the team and to learn from the wealth of knowledge and experience of the other professors and students helping us.” Helping to prepare the team for the regional victory were the team’s researchers Marielle MacMinn ’19 and Megan Marriner ’19, international law professors Jeffrey Dunoff and Margaret M. deGuzman, Professor Richard Greenstein, and Temple Law alumni Anu Thomas ’17, Lilah Thompson ’17, and Justin Capek ’17. Greenstein will accompany the students to The Hague. The ICC Moot Court CompetitionThe International Criminal Court, which has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes, first began functioning in 2002. As a relatively young institution, it is still exploring its limits and potential reach. The first verdict was handed down in 2012, when Congolese warlord Thomas Lubanga Dyilo was found guilty of recruiting child soldiers. continued on next pageTemple Law team members (from left) Danielle DerOhannesian ’18, Alison Smeallie ’19, and Hwui Lee ’18 won the regional competition at the Elisabeth Haub School of Law at Pace University .Temple Law to represent U.S. at the“Preparations for The Hague began just a few days after our team’s success at regionals.” —Alison Smeallie ’19ESQ_June18_final_crw1.indd 35/23/18 10:47 AM2 • TEMPLE ESQ. MARCH 2018ICC Moot Court CompetitionThe setting of the final round will be an actual courtroom of the International Criminal Court (ICC), and actual ICC judges will adjudicate the fictional case.2018 ICC Moot Court Competition Problem Prosecutor v. McGregor Klegane of Northeros This fictional case is intended to enable students to familiarize themselves with the law and practice of the ICC:The case of Prosecutor v. McGregor Klegane of Northeros addresses whether the crime of human trafficking can be tried as a distinct crime against humanity and raises the question of whether a corporate officer can be tried for failing to exercise proper control over a subsidiary which was implicated in acts of human trafficking committed by its suppliers. continued from page 1In 2004, before the ICC had even issued its first arrest warrants, two law professors at Pace’s law school, Matthew Brotmann and Gayl Westerman, began the ICC Moot Court Competition as an in-class experiment. The next year, they expanded it to include an invited list of schools. In 2006, the competition was opened up to universities from around the world and eventually moved the final round to The Hague. Today, the competition brings together more than 100 teams of aspiring international lawyers, representing 46 countries—from Afghanistan to Zambia—around the world. Larger countries field more than one team; for instance, while the U.S. has two teams, China and India are represented by four teams each. While the rounds of the competition extend over a five-day period, participants also engage in an extensive educational and social program, giving students of diverse backgrounds and cultures a unique opportunity to meet and mingle, and challenge their skills as future international lawyers. The Temple Law team A shared passion for international law brought Danielle DerOhannesian, Hwui Lee, and Alison Smeallie together when the three successfully tried out for the ICC Moot Court team in Spring 2017. Now this threesome looks back at literally hundreds of hours spent together, strategizing, practicing, and reading one another’s briefs. Those long hours were rewarded in March when the team was among those qualifying for the international round of the competition at The Hague. There was very little down time after the victory at Pace. “Preparations for The Hague began just a few days after our team’s success at regionals,” recalls Smeallie. “We felt it was important to quickly regroup and begin ironing out logistics, as well as discuss our takeaways from the regional competition. We did give ourselves a few weeks to relax before we began mooting again.” Like many high-achieving law students who make multi-tasking an art form, the three teammates became skilled at juggling their moot court participation with already crammed schedules. DerOhannesian, who graduated in May, has worked closely with international law professor Jaya Ramji-Nogales, with whom she co-authored Constructing Invisibility: International Criminal Law and Gendered Harms (forthcoming 2018). In the summer of 2016, she interned at the U.S. Mission to the European Union in Brussels. DerOhannesian is a native of Albany, NY, and and she earned her undergraduate degree in political science with a minor in Arabic and anthropology from McGill University in Montreal, Quebec. She has accepted a position at the Philadelphia District Attorney’s office starting in the fall. Lee, who was the captain of the team after a year as a researcher, also graduated this year. He made the most of opportunities to get hands-on experience while in law school. He has interned for Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania for the past year, and participated in a clinical program for the Philadelphia Defenders Association and Temple Law’s ShellerCenter for Social Justice. Lee, a Philadelphia native and graduate of Central High, earned his undergraduate degree in political science and philosophy at the University of Pittsburgh. After passing the bar in California, he plans to work in Los Angeles at the commercial and entertainment litigation firm of Browne George Ross.Smeallie, a rising third-year law student, has a busy year coming up before she graduates in 2019. Last summer, she was a Law & Public Policy Scholar in Washington D.C., and this summer she will intern for the New Jersey Office of the Public Defender in Camden. After serving as staff editor for the Temple International and Comparative Law Journal (TICLJ), she is now the editor-in-chief. Smeallie was born in Middletown, NJ and went to the University of Delaware, where she studied history, political science, and legal studies.With both her teammates graduating, Smeallie takes the helm as captain and senior member of the ICC Moot Court Team. “Having Hwui and Danielle as teammates this year has been one of the best aspects of my time at Temple Law,” she says. “Although I will miss them deeply as they move on to begin their careers as attorneys, I am confident that they will continue to support our team as alumni.” Meanwhile, stay tuned for news of this dynamic trio’s outcome at The Hague.“International criminal law, in particular, covers unique crimes, such as genocide, and has its own distinct policy debates.” —Danielle DerOhannesian ’18ESQ_June18_final_crw2.indd 45/29/18 9:17 AM TEMPLE ESQ. MARCH 2018 • 3APRIL 9, 2018 A persistent question in copyright law is whether Internet Service Providers (ISPs) should be liable for the infringing acts of their subscribers. Congress enacted the Digital Millennium Copyright Act (DMCA) in 1998 as a means to both protect copyright owners’ rights in the digital environment and to provide safe harbors to shield ISPs from liability, thus allowing for the growth and development of the then-nascent Internet. Twenty years later, Professor Donald Harris says that the DMCA framework should be revisited: “The Internet has grown far beyond anything we could have imagined.” Harris favors a revised system that encourages ISPs to shoulder part of the enforcement burden by taking reasonable efforts to prevent infringement. In the 2018 Friel-Scanlan Lecture, “Time to Reboot: The DMCA, Version 2.0?” Harris explained his reasoning. “In 1998, ISPs could be thought of as babies, and we needed to protect them so they could grow,” says Harris, an expert in international intellectual property. “Well now they’re grown.” ISPs like Facebook and YouTube have emerged and are doing pretty well, Harris says, it’s the copyright holders who are facing overwhelming challenges. Harris says the level of infringements has grown exponentially: “We are talking about staggering levels of infringements, millions and million and millions of instances of infringements.” “Right now, people compare the notice and takedown procedures [for content infringement] to drinking from a fire hose. It just keeps on coming. It’s like whack-a-mole,” says Harris. “There’s no incentive for ISPs to innovate with filtering or monitoring systems, and for the most part they haven’t.” Harris’ solution: He wants to add a layer onto the DMCA that will motivate ISPs to monitor and filter content to protect from copyright infringement rather than reacting to it. “My proposal is a duty-based system. What I’m arguing is we don’t do away with the DMCA, we layer on top of it that ISPs have the duty to monitor content and filter out before the infringement happens.” With the added duty, ISPs could also get safe harbor protection if they work to prevent copyright infringement. Harris compares the duty of ISPs to prevent copyright infringement by their subscribers to that of employers to prevent sexual harassment by their employees. Just as institutions can be protected from secondary liability for sexual harassment by putting in place education and grievance procedures, ISPs could qualify for safe harbor protection by implementing systems to prevent copyright infringement. “Circumstances have changed,” concludes Harris. “These are not your mom and dad’s ISPs and Internet. We are restoring the balance that Congress originally intended. We now have the capability to filter and monitor. ISPs can take these reasonable measures and if they do, they would get the benefit of the safe harbor protection. If they don’t, they don’t get the shield, they don’t get the affirmative defense.”‘Time To Reboot: The DMCA, Version 2.0?’ ISPs can help prevent infringement, says professor Don Harris. FRIEL SCANLAN LECTURE“Right now, people compare the notice and takedown procedures to drinking from a fire hose. . . . It’s like whack-a-mole.”ESQ_June18_final_crw1.indd 55/23/18 10:47 AM4 • TEMPLE ESQ. MARCH 2018APRIL 9, 2018 It is not often that classes on corporations and securities regulation serve as transformative experiences for law students. But, according to his students and colleagues who have sat in his classroom, Professor Tom Lin’s classes are not ordinary classes. “Professor Lin is an excellent teacher,” wrote a panel of his peers. “Tom is well-known in the law school for his impeccable mastery of subject matter, prodigious preparation, and encyclopedic knowledge,” remarked law school dean Gregory N. Mandel in presenting the award. “His students respond deeply to his classes, many seeking us out to tell us how he ‘opened new worlds to them,’ ‘inspired them,’ or ‘changed their lives.’” These comments were offered in support of Professor Lin’s nomination for the Lindback Award for Distinguished Teaching, conferred by Temple University and presented by Dean Mandel. Lin’s students recommend his courses to their friends, praising him both for his classroom teaching, described as “innovative, fresh, and exciting,” and for his commitment to mentorship. His courses frequently have waiting lists of students seeking enrollment. Dean Gregory N. Mandel presents Lindback Award to Professor Tom Lin.Tom Lin Receives Lindback Award for Distinguished TeachingA business law professor and scholar earns accolades.The Lindback Award Previous RecipientsTom Lin is law faculty’s 18th honoree.APRIL 9, 2018 The prestigious Lindback Award for Distinguished Teaching, funded by the Christian R. and Mary F. Lindback Foundation, bestows grants in support of excellence to teachers at certain colleges and universities, primarily in the Greater Delaware Valley area. Temple University annually hosts a ceremony at which no more than six teachers university-wide are honored with the award. Awardees receive a $4,000 stipend. 2016 2015 2010 2008 2007 2003 2001 2000 1996 MEHRA MONROE GREEN DEJARNATT ABREU SONENSHEIN MYERS LITTLE SHELLENBERGER “I came to law school with the intention of working in the public sector, and thus, had very little interest in corporate law. After three months with Professor Lin I found myself fascinated . . . It is always appreciated when a professor can explain the nuances of securities law through examples of Carson Wentz and Beyoncé. Corporations with Professor Lin is truly something I will not forget.” — ELIZABETH CASEY ’18ESQ_June18_final_crw1.indd 65/23/18 10:47 AM TEMPLE ESQ. MARCH 2018 • 5“My goal was to expand my exposure to tax litigation and clerk on the U.S. Tax Court—a daunting goal for a non-LL.M. student. Professor Lin offered a step-by-step approach on how best to position myself during this process.” — GEORGIOS I. TSOFLIAS ’16, judicial clerk for Hon. Cary D. Pugh of the U.S. Tax Court“At the end of each class, it is difficult to miss the inspired looks on everyone’s faces every time he challenges us to think outside the box, question the status quo, break stereotypes, and above all, exceed our own expectations.” — SHAYNE RASAY ’19“Tom teaches highly technical business law classes that do not tend to grip the imaginations of a broad swath of students. Yet his classes are among the most popular here at the law school.” — LAURA E. LITTLE, Charles Klein Professor of Law and Government“Few other classes that I took in law school were as intellectually challenging and rewarding as those I took with Professor Lin. . . . I have no doubt my intense interest in issues of corporate governance and securities law developed as a direct result.” — GRANT D. GOODHART ’15, associate in mergers and acquisitions at Kessler Topaz Meltzer & Check “Having sat in his classes . . . I want to single out Tom’s teaching of securities regulations, one of the most demanding and almost surely dullest classes in the law school curriculum. Students flock to the class and frequently report it is the best course they have taken in law school.” — HARWELL WELLS, I. Herman Stern Professor of Law “To call (Lin) supportive is an understatement,” wrote one student in connection with his nomination. “I talked with him before every major career and law school decision, and when I thought I was dreaming big, he encouraged me to dream bigger. I cannot imagine a professor who is more talented and committed to the success of his students than Professor Lin.”Tom C.W. Lin: A Short BiographyPrior to entering academia, Professor Lin practiced law at the New York State Office of the Attorney General and Davis Polk & Wardwell in New York City. He holds a B.A., magna cum laude and Phi Beta Kappa, from New York University, and a J.D. from the University of Pennsylvania Law School, where he was an Arthur Littleton Fellow.Lin’s research and teaching expertise are in the areas of corporations, securities regulation, financial technology, financial regulation, and compliance. Lin’s research has been published and cited by numerous leading law journals, and featured in The Wall Street Journal, The Washington Post, Bloomberg News, and The Financial Times, among other media outlets. His research has also been internationally recognized by regulators including the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, and the Ontario Securities Commission.At Temple, Lin regularly teaches courses in corporations, securities regulation, and advanced financial regulation: corporate scandals and crises. He also teaches specialized courses in American mergers and acquisition law and American corporate legal practice to leading attorneys from China as part of a training program in the U.S. at Temple Law School. In 2016, after just three years of teaching at Temple Law, Lin was selected by the graduating class for the George P. Williams Award for Excellence in Teaching. In 2018, Temple Law’s Professor Tom Lin became the eighteenth member of the law faculty to do so since the award was founded in 1961. Prior Lindback Award recipients include the following: Salil K. Mehra, 2016; Andrea Monroe, 2015; R. Craig Green, 2010; Susan L. DeJarnatt, 2008; Alice G. Abreu, 2007; David Sonenshein, 2003; Eleanor Myers, 2001; Laura E. Little, 2000; James A. Shellenberger, 1996; Joey Passon, 1991; Charles Rogovin, 1990; Peter Sevareid, 1989; Frank McClellan, 1986; James Strazzella, 1983; Robert J. Bartow, 1981; Herbert Myers, 1978; and Joseph Marshall, 1973. 1991 1990 1989 1986 1983 1981 1978 1973PASSON ROGOVIN SEVAREID MCCLELLAN STRAZZELLA BARTOW MYERS MARSHALLESQ_June18_final_crw1.indd 75/23/18 10:47 AM6 • TEMPLE ESQ. MARCH 2018Marian G. Braccia ’06Director of the LL.M. in Trial Advocacy ProgramThe new director of Temple Law’s LL.M. in Trial Advocacy Program, Marian Braccia, has worked in the Philadelphia district attorney’s office since graduating from Temple Law. Braccia, who has also been given a faculty appointment as a practice professor, brings particular expertise in courtroom technology, e-discovery issues, and trial skills.Braccia has extensive litigation experience, having worked in the Philadelphia DA’s office from 2006 to 2018 under DAs Abraham, Williams, Hodge, and Krasner. As an assistant district attorney, she was a trial attorney in major trials and the family violence and sexual assault unit. In 2012 she was appointed to a supervisory position in the charging unit. In 2014, Braccia launched Philadelphia’s domestic violence diversion program, assuming a caseload in excess of 200 dockets, monitoring participants’ treatment progress, and reporting on program statistics to the DOJ’s Office on Violence Against Women. In August 2017, she took on the added responsibilities as director of information technology for the DA’s office.Braccia is well known at Temple Law. She has been an adjunct in Temple Law’s trial advocacy program since 2011, teaching Introduction to Trial Advocacy and an experiential course in criminal prosecution. She has also coached Temple’s award-winning National Trial Team.Colleen A. TremlSenior Director of Marketing and CommunicationsColleen Treml is Temple University Law School’s first ever director of marketing and communications. The position was created by Dean Gregory N. Mandel in 2017 to consolidate, strengthen, and focus the expanding range of activities conducted across the law school to attract qualified students, engage alumni and donor support, and publicize the ongoing accomplishments of Temple Law’s faculty and students. Treml’s academic and professional background makes her uniquely qualified for the position. She topped off an undergraduate degree in advertising and communications from Penn State and a master’s degree in journalism from Temple with a law degree from Duquesne University School of Law. After law school, she worked as a litigation associate at the Pittsburgh firm of Tucker Arensberg, before returning to the marketing and communications career she had successfully built prior to law school. Treml’s background in marketing and communications includes top leadership positions in healthcare and legal marketing. Prior to returning to Philadelphia, Treml was chief marketing officer at the law firm of Burns White in Pittsburgh.Mai LeAssociate Director of Academic and Professional SuccessIn December 2017, Mai Le joined the office of Student Services, where she provides support for academic success programs, external experiential programs, and professional success programs. This translates to working with students throughout their law school experience—and beyond. Armed with a law degree from Drexel University and a master’s in social work from the University of Pennsylvania, Le brings to this task a valuable combination of experience in the legal field and as a supervisor and trainer of students in law and social work. New Temple Law administrators (from left): Colleen Treml, Mai Le, and Brittne Walden ’14.New faces at Temple Law ESQ_June18_final_crw1.indd 85/23/18 10:48 AMInternational law professor Rafael Porrata-Doria inducted into Academia Puertorriqueña de Jurisprudencia y LegislaciónMAY 1, 2018 Temple professor of law Rafael Porrata-Doria was recently installed as a member of the Academia Puertorriqueña de Jurisprudencia y Legislación (Puerto Rican Academy of Jurisprudence and Legislation). The organization was founded in 1985 to promote research that contributes to law reform and progress in Puerto Rico. Porrata-Doria is one of only seven scholars outside of Puerto Rico to be recognized by the academy.Porrata-Doria is a Yale Law alumnus and has been teaching at Temple Law since 1983. Having been admitted to both the Pennsylvania and Puerto Rico bars in the same year, he has substantial experience with both American and Latin American legal systems. Many of his publications focus on the civil and economic development of both regions. Peggy Browning fellow Chris Lin ’19 has ‘impressive record of public service’Christopher Lin ’19 has been chosen for a prestigious Peggy Browning Fellowship to work with the Sheet Metal Workers Union this summer. The Peggy Browning Fund provides support to law students to work with labor-related organizations. Lin was selected for the highly competitive, national fellowship from a pool of 400 applicants. During his ten weeks as a Peggy Browning Fellow, he will provide various forms of legal aid to sheet metal workers in the local union servingPennsylvania, Delaware, and New Jersey.Lin is president of the Temple Law Democrats and vice president of the American Constitution Society. He is also a Rubin-Presser Social Justice fellow, a Weisman fellow, and a Beasley scholar. As a Law and Public Policy Scholar, Lin spent the summer of 2017 as a law clerk with the Democratic staff of the Senate committee on Homeland Security and Government Affairs, subcommittee on federal spending oversight and emergency management. There, his scholarship focused on the impact of civil liberties, technology, and homeland security on local communities. Outside of law school, Lin is campaigning for Democratic committeeperson in Philadelphia’s 8th Ward and is the minority outreach coordinator for the Pennsylvania Young Democrats. “Chris came to the law school with a passion for and an impressive record of public service,” says Temple Law director of public interest programs Lisa Hurlbutt. “From his leadership roles in student organizations to his participation in the Justice Lab clinical at the Sheller Center for Social Justice to his political activism outside of the law school, Chris has made a real impact on campus and beyond in his first two years at Temple.” TEMPLE ESQ. MARCH 2018 • 7For three years prior to joining Temple’s staff, Le directed the forensic social work department at the New York County Defender Services. As head of that department, she supervised all aspects of cases from arraignment to disposition in New York county criminal court and its supreme court, and trained and supervised graduate social work students, all while maintaining an extensive caseload. From 2011 to 2013, Le supervised the legal and ethical affairs of five large division of developmental disabilities offices for Newark’s Department of Human Services. Prior to that, immediately after graduating from law school in 2009, she worked as a forensic social worker at the New York County Defender Services. Brittne Walden ’14Associate Director of Student ServicesBritt Walden joins the office of Student Services from the Philadelphia district attorney’s office, where she worked as an assistant district attorney beginning in 2014. Walden has remained involved with Temple Law since graduation. As a former member of the championship national trial team, she continues to coach the trial team as an adjunct professor. In the office of Student Services, Walden works under Assistant Dean of Students Jennifer Bretschneider. As associate director, Walden oversees and supports Temple Law’s 32 student organizations, strengthens wellness programming, and provides academic advising and counseling. The Temple Law students whom Walden now counsels will benefit from her wide-ranging experiences—as a student, an adjunct professor, and a lawyer. While in law school, Walden was a summer associate at Archer & Greiner and interned in the law department of the City of Philadelphia and with Philadelphia Legal Assistance. She was also a staff member on the Political and Civil Rights Law Review and volunteered with the Homeless Advocacy Program. Walden’s scholarship placed her on the Dean’s Honors List and she earned many more honors and scholarships, including the Conwell Law Scholarship, Archer & Greiner Diversity Scholarship, Garfinkle & Corbman Trial Advocacy Scholarship, and Barrister’s Award.ESQ_June18_final_crw1.indd 95/23/18 10:48 AMNext >