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Corruption in International Sports Fall 2016 Symposium

Along with the attention and excitement of international sporting mega-events comes the unfortunate reality of corruption. Recent and future host countries of the Olympics and the FIFA World Cup—such as Brazil, Qatar, Russia, and China—have come under global scrutiny for the negative consequences hosting has on both domestic and foreign populations. The broad scope of these concerns, most of which stem from governmental and institutional corruption, include issues with economic impact, migrant worker rights, housing rights, LGBT rights, children’s rights, displacement, censorship, gender inequality, etc. The Maryland Journal of International Law’s Fall 2016 Symposium, Corruption in International Sports, seeks to bring further awareness to this seemingly widespread corruption. The symposium will allow for international law and anti-corruption experts—from lawyers to academics and beyond—to discuss both the issues with and solutions to the corruption concerns found in international sports. In addition to the issues brought about by sporting mega-events, the symposium will also touch upon other significant and timely sports issues such as doping, gambling, match-fixing, athlete discipline, eSports, and more. Financial consideration for the symposium has been graciously provided by The Gerber Fund. The Maryland Journal of International Law would like to thank Mr. and Mrs. Lloyd M. Gerber and their children for their support and sponsorship of our Symposium. Also, a special thanks goes to the International & Comparative Law Program and the International Law Society.

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Symposium Schedule 8:00am – 8:30am: Welcome Reception

v Guests will gather in the Krongard Board Room. 8:30am: Opening Address

v Jennifer Elisa Smith—MJIL Editor in Chief—will open the symposium. 8:35am – 9:00am: Introductions

v Guests will have an opportunity to introduce themselves and their areas of expertise. 9:00am – 9:45am: Morning Address – Corruption, Kick-backs & Self-Dealing: How FIFA Betrayed the Beautiful

Game v Ms. Alexandra Wrage, Founder & President at TRACE International, Inc.

Ø Ms. Wrage shares her experiences on FIFA’s Independent Governance Committee from 2011 to 2013. The IGC was tasked with tackling the corruption and shoddy governance endemic in soccer’s international governing body. She resigned when it became clear that the process was about the appearance of reform, and not about any actual reform. The IGC was eventually disbanded.

10:00am – 11:15am: Panel I – FIFA’s Fraud: Exploiting the World’s Sport

v Professor Bruce W. Bean, Michigan State University College of Law Ø Article: “FIFA & Corporate Governance”

v Professor J. Gordon Hylton, University of Virginia School of Law Ø Article: “FIFA’s Article 17 & the Corruption Scandal of 2015”

v Mr. David W. Larkin, Esq., Sports Attorney & Anti-Corruption Expert 11:30am – 12:45pm: Panel II – The Olympic Toll: The Costs of Hosting the World

v Ms. Brigida Benitez, Esq., Partner at Steptoe & Johnson, LLC Ø Article: “Has the International Olympic Committee Risen Above Corruption?”

v Professor Andrew B. Spalding, University of Richmond School of Law Ø Article: “Olympic Anti-Corruption Report: Brazil and the Rio 2016 Games”

1:45pm – 2:30pm: Afternoon Address – The Revolution

v Dr. Declan Hill, Independent Journalist & Senior Research Fellow at the University of Wuerzburg Ø A seismic shift has occurred in the world of sports gambling. It has brought corruption and fixing to

leagues and sports that were previously untouched. Dr. Hill will present how this change occurred and what can be done to protect vulnerable American sports.

2:45pm – 4:00pm: Panel III – Combating Corruption Beyond the Pitch

v Professor Pammela S. Quinn, Drexel University Thomas R. Kline School of Law Ø Article: “Sponsoring Corruption”

v Dr. John T. Holden, J.D., LL.B., Visiting Scholar at Florida State University College of Education Ø Article: “Esports Corruption: Gambling, Doping & Global Governance”

§ Co-written by: • Dr. Ryan M. Rodenberg, Esq., Professor at Florida State University College of

Education • Dr. Anastasios Kaburakis, Esq., Professor at Saint Louis University John Cook

School of Business v Mr. Aaron Zelinksy, Esq., Assistant United States Attorney & Adjunct Professor at Maryland Carey Law

4:15pm – 5:30pm: Panel IV – Punishing & Protecting International Athletes

v Professor Daniel José Gandert, Northwestern University Pritzker School of Law Ø Article: “World Anti-Doping Code: Doping Among International Athletes”

v Mr. Paul J. Greene, Esq., Founding Partner at Global Sports Advocates, LLC Ø Article: “When Athletes are Wrongly Sanctioned under the World Anti-Doping Law”

5:30pm – 5:45pm: Closing Remarks

v Closing remarks by Professor Peter Danchin, Professor Michael Van Alstine, and members of the MJIL Executive Board.

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Our Guests

Ms. Alexandra Wrage Founder & President of TRACE International, Inc. Morning Keynote Speaker Ms. Wrage is the Founder and President of TRACE International, Inc., a global anti-bribery organization. She studied law at Kings College, Cambridge University and was international counsel at Northrop Grumman. She is a former member of FIFA’s Independent Governance Committee and served on the 2015 B20 Taskforce on Anti-Corruption, which drafted recommendations to G20 leaders for consideration in their global economic policies. She has held numerous committee positions, including Chair of the Anti-Corruption Committee of the ABA’s International Section and Chair of the International Legal Affairs Committee of the Association of Corporate Counsel, and has also worked with the OECD and UN Global Compact. In Ms. Wrage’s morning keynote address, “Corruption, Kick-backs and Self-Dealing: How FIFA Betrayed the Beautiful Game,” she will share her experiences on FIFA’s Independent Governance Committee from 2011 to 2013. The IGC was tasked with tackling the corruption and shoddy governance endemic in soccer’s international governing body. She resigned when it became clear that the process was about the appearance of reform, and not about any actual reform.

In Order of Schedule

Professor Bruce W. Bean Michigan State University College of Law Panel I – FIFA’s Fraud: Exploiting the World’s Sport Professor Bean is the Director of MSU's LL.M. Program and Advisor of the Michigan State International Law Review. He is a graduate of Brown University and Columbia Law School. Upon graduation, he clerked for Judge Leonard P. Moore on the U.S. Court of Appeals for the Second Circuit and later practiced law at Simpson, Thacher & Bartlett and then Patterson, Belknap, Webb & Tyler. He lived and worked in Russia from March 1995 to July 2003, where he was Managing Partner of Coudert Brothers' Moscow office until June 1998 when he became Head of Corporate and Foreign Direct Investment for Clifford Chance – Moscow, at the time the leading law firm in Russia and the world's largest international law firm. He is one of the original founders of the Russian Institute of Corporate Law & Governance. He has written numerous articles on bribery and corruption, Sovereign Wealth Funds, and the FIFA prosecutions. Professor Bean’s article, “FIFA and Corporate Governance,” will explore the global corruption landscape and how corruption in the business community has led to a relative lack of success in reforming FIFA.

Professor J . Gordon Hylton University of Virginia School of Law Panel I – FIFA’s Fraud: Exploiting the World’s Sport Professor Hylton is legal historian and law professor at UVA Law. He is a graduate of Oberlin College and the UVA Law. He also holds a Ph.D. in the history of American civilization from Harvard University and formerly clerked for Justice Albertis S. Harrison and Chief Justice Lawrence I'Anson of the Virginia Supreme Court. Before joining the UVA Law faculty, Hylton taught as a visitor at UVA and on the faculty of Marquette Law School, which he joined in 1995. He previously taught at the Chicago-Kent College of Law of the Illinois Institute of Technology, and has served as a visiting professor of law at Washington University, Washington and Lee University, and the University of Virginia. During the 2000-01 academic year he was the Fulbright Professor of Law at Kyiv-Mohyla Academy in Kiev, Ukraine. An expert on sports law, Hylton is a past chair of the Association of American Law School's Sections on Legal History and Sports, and he co-edited the book "Sports Law and Regulation." Professor Hylton’s article, “FIFA’s Article 17 & the Corruption Scandal of 2015,” will detail how FIFA threatens banishment from international competition to keep national authorities from intervening in the internal football affairs.

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Mr. David W. Larkin , Esq. Sports Attorney & Anti-Corruption Expert Panel I – FIFA’s Fraud: Exploiting the World’s Sport Mr. Larkin has rare fluency and experience in international sport, law, media, and anti-corruption. He has handled high-profile, contentious sport and legal matters across the world. Having global currency in sport, he makes regular media appearances across the globe, including CNN, BBC World News television, BBC World Service radio and in The New York Times, The Wall Street Journal, Forbes Magazine and others. A frequent international sport expert panelist, he has participated in American Bar Association panels and others. In addition, he has moderated sport and gaming panel discussions in Washington, D.C. As Co-Director of one of the first sport anti-corruption groups in the world, changeFIFA, he has twice run campaigns for the office of FIFA President. He is licensed to practice law in the State of New York, District of Columbia, State of Colorado and before the United States Patent & Trademark Office. Besides being a veteran litigator and intellectual property attorney, he is also holds a Bachelors of Science in biochemistry and had been published in top science journal Nature. Mr. Larkin will be a panelist on Panel I – FIFA’s Fraud: Exploiting the World’s Sport.

Ms. Brigida Benitez , Esq. Partner at Steptoe & Johnson, LLC Panel II – The Olympic Toll: the Costs of Hosting the World Ms. Benitez is a Partner at Steptoe’s Washington office, where she focuses on complex litigation, global anti-corruption matters, and internal investigations. She is a graduate of the University of Florida and Boston College Law School. She has litigated cases in federal and state trial and appellate courts throughout the country, including the US Supreme Court. She is past president of the DC Bar and has served as Chief of the Office of Institutional Integrity of the Inter-American Development Bank (IDB), heading the independent office responsible for investigating potential fraud and corruption. She also serves as an adjunct professor at Georgetown University Law Center, where she teaches a course on international business litigation and federal practice. She has been recognized by Hispanic Business magazine as a “Woman of the Year” and one of the “100 most influential US Hispanics,” and by Latino Leaders magazine as one of the “25 Most Influential Hispanic Lawyers.” Ms. Benitez’s article, “Has the International Olympic Committee Risen Above Corruption?,” will examine the International Olympic Committee’s rules and procedures to determine their adequacy in dealing with corruption.

Professor Andrew B . Spalding University of Richmond School of Law Panel II – The Olympic Toll: the Costs of Hosting the World Professor Spalding is an assistant professor of law at the University of Richmond School of Law. He is a graduate of Whitman College and UNLV’s William S. Boyd School of Law. He also holds a Ph.D. in Political Science from the University of Wisconsin, Madison. He is Senior Editor of the FCPA Blog and an instructor at the U.N.- sponsored International Anti-Corruption Academy in Vienna, Austria. His scholarship has appeared in many academic venues, and has been covered by The New York Times, Wall Street Journal, Economist, Atlantic, Forbes, and National Public Radio. From 2009-2010, Prof. Spalding was a Fulbright Senior Research Scholar in Mumbai, India, traveling across India and into Bangladesh, Kazakhstan, Thailand, Turkey, and the United Arab Emirates to conduct research and lecture at law and business schools. While he mainly teaches and writes on international anti-corruption law, he has also taught courses on international business and more to lawyers in Beijing through the Beijing Lawyers Association. Professor Spalding’s article, “Olympic Anti-Corruption Report: Brazil and the Rio 2016 Games,” will discuss anti-corruption laws enacted in Brazil.

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Dr. Declan Hill Journalist & Senior Research Fellow, University of Wuerzburg Afternoon Keynote Speaker Dr. Hill is one of the world’s foremost experts on match fixing and corruption in international sports. He has written two books and numerous academic articles on the new wave of match-fixing linked to the globalized sports gambling market. His first book—The Fix—where he infiltrated one of the match-fixing gangs wearing hidden recording devices, is credited as raising popular alarm over the subject and has been used by police investigators and prosecutors around the world. His second book—The Insider's Guide to Match-Fixing—was a popular adaptation of his Oxford doctorate on the subject. Both of these books have been translated and are available in twenty-one languages. His journalism has been featured in the New York Times, Sunday Telegraph, The Guardian and over 700-media outlets around the world. He has presented and lectured at universities and police academies in five continents and for committees of the Council of Europe, the European and UK parliaments in Brussels and Westminster, the IOC, the Royal Danish Football Association, UEFA, WADA and others. Next year, a Hollywood adaptation of The Fix will be made into an international television series. Dr. Hill’s afternoon keynote address is entitled, “The Revolution.”

Professor Pammela S. Quinn Drexel University Thomas R. Kline School of Law Panel III – Combating Corruption Beyond the Pitch Professor Quinn is an associate professor of law at Drexel University Thomas R. Kline School of Law. She is a graduate of Dartmouth College and Duke University School of Law. Her scholarly interests are focused on issues related to the regulation of institutions and actors across national borders. Her current research explores the effectiveness of different strategies to regulate transnational corporations and to promote corporate social responsibility. She has been has been published in the Duke Law Journal, Emory Law Journal, Tulane Law Review, and the New York University Journal of International Law and Politics. Before joining the faculty, she was an attorney-adviser in the U.S. State Department’s Office of the Legal Adviser, where she received a Meritorious Honor Award. At the State Department, she represented the United States in commercial arbitrations, real property transactions and diplomatic property disputes around the globe. Previously, she was counsel at O’Melveny & Meyers LLP in Washington, where she was a member of the appellate and Supreme Court practice group. Professor Quinn’s article, “Sponsoring Corruption,” explores how multi-national enterprises wield regulatory authority in the international sports arena.

Dr. John T. Holden , J .D . , LL .B . Visiting Scholar at Florida State University College of Education Panel III – Combating Corruption Beyond the Pitch Dr. Holden is a Visiting Scholar at Florida State University College of Education in the Department of Sport Management. He earned his Ph.D. from Florida State University, his LL.B. from the University of Ottawa, and his J.D. from Michigan State University. His recent scholarship has been published in legal journals associated with Stanford, Harvard, Villanova, the University of Washington, and peer-reviewed journals including the British Journal of Sports Medicine, the International Sports Law Journal and the International Journal of Sport Policy and Politics. In 2014, he co-wrote a U.S. Supreme Court amicus brief in the on-going New Jersey sports wagering litigation. He is a native of Toronto. Dr. Holden’s article, “Esports Corruption: Gambling, Doping & Global Governance,” examines the fast-growing world of esports—competitive video gaming—as problems with doping, gambling-related match-fixing, and non-gambling related corruption impact the industry. The article is co-written by Dr. Ryan Rodenberg , J .D.—Associate Professor at FSU’s College of Education—and Dr. Anastasios Kaburakis , J .D.—Associate Professor as Saint Louis University John Cook School of Business.

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Professor Daniel José Gandert Northwestern University Pritzker School of Law Panel IV – Punishing & Protecting International Athletes Professor Gandert a Clinical Assistant Professor of Law in the Center on Negotiations and Mediation at Northwestern University Pritzker School of Law. He is a graduate of Georgetown University and Northwestern University Pritzker School of Law. He also studied abroad at the University of New South Wales in Sydney, New South Wales, Australia. A certified mediator, he teaches the Negotiation Workshop at Northwestern and serves as faculty in the "Lawyer as Problem Solver" program. In addition to teaching a course on "Dispute Resolution in Sports," he also provides facilitation and conflict resolution training for the Student Bar Association's Committee for Community Dialogue at Northwestern. His passion involves international sports dispute resolution, highlighting doping and other questionable behaviors in sports. He has presented his research at many conferences on international sports arbitration. He has also been published in numerous law review journals. Professor Gandert’s article, “World Anti-Doping Code: Doping Among International Athletes,” will discuss how doping threatens the integrity of sports and represents corruption on an individual and state-sponsored level.

Mr. Aaron Zelinsky, Esq. Assistant United States Attorney & Adjunct Professor at Maryland Carey Law Panel III – Combating Corruption Beyond the Pitch Mr. Zelinksy is an Assistant U.S. Attorney for the District of Maryland and an adjunct professor at the Maryland Carey Law. He is a graduate of both Yale College and Yale Law School. He served as a law clerk for Justices John Paul Stevens (Ret.) and Anthony Kennedy of the Supreme Court, as well as Chief Justice Dorit Beinisch of the Israeli Supreme Court and Judge Thomas B. Griffith of the Court of Appeals for the District of Columbia Circuit. From 2010-2011 he served as Special Assistant to State Department Legal Adviser Harold Hongju Koh. He has taught constitutional law at the Peking University School of Transnational Law as well as foreign relations and national security law at the University of Maryland. At Maryland Carey Law, he teaches courses on Civil Procedure, Civil Procedure: Jurisdiction and Judgment, and the Supreme Court. His writing has been published in numerous law review journals, such as Yale Law Journal, Alabama Law Review, Michigan Law Review, and more. Mr. Zelinsky will be a panelist on Panel III – Combating Corruption Beyond the Pitch.

Mr. Paul J . Greene , Esq. Founding Partner at Global Sports Advocates, LLC Panel IV – Punishing & Protecting International Athletes Mr. Greene is the Founding Partner at Global Sports Advocates, LLC, a sports law firm located in Maine devoted to the protection of athletes’ rights, the delivery of trusted advice on sports regulation and policy, and the management of crisis situations. He holds a Bachelor of the Arts and a Master of Arts from Brandeis University. He also holds a Master of Arts from Syracuse University S.I. Newhouse School of Public Communications. He received his J.D. at the University of Maine School of Law. He is a former award-winning sports broadcaster at a major Maine television station who began a second career as an attorney in 2007. He is recognized by Chambers USA and Super Lawyers as one of America’s leading sports lawyers. He regularly handles sports law matters around the world, including numerous hearings before the international Court of Arbitration for Sport in Lausanne, Switzerland known as the “Supreme Court for Sports Law.” He specializes in the protection of athlete's rights and advice on sports regulation. Mr. Greene’s article, “When Athletes are Wrongly Sanctioned under the World Anti-Doping Code,” will discuss two cases in which he was involved with as counsel for athletes who were wrongly sanctioned under the WADA Code.

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Maryland Journal of International Law

Editorial Board, vol. 32 , 2016-2017

Executive Board Jennifer Elisa Smith | Editor in Chief Emily T. Gallin | Managing Editor Vincenzo Procopio | Executive Articles Editor Martin A. McEnrue | Executive Editor Catherine A. Lee | Executive Notes Editor Staff Editors Justen R. Barbierri Ava N. Claypool Rebeca Garcia Caleb M. Gurujal Shannon M. Himes Jordan Myers Jess OrDoñez Nathan Price Neda Saghafi Annamaria V. Santini Tom F. Stowe Zachary Wilkins

Senior Editors Umber Aggarwal Sidonie A. Becton Lily I. MacKenty

Cesar II Ruiz

Faculty Advisors Professor Michael Van Alstine

Professor Peter G. Danchin

Library Liaison Maxine Grosshans

International Law

Program Coordinator Shyala C. Rumsey, M.P.A.c., B.S.

For more information, please visit: digitalcommons.law.umaryland.edu/mjil/