Congratulations to AWL Scholarship Winners Carstens and Fahley

On Tuesday, September 11, 2012, the Milwaukee Association for Women Lawyers (AWL) Foundation honored two Marquette University Law School students with scholarships.

Codi Carstens, 2L, received the AWL Foundation scholarship.  The AWL Foundation Scholarship is awarded to a woman who has exhibited service to others, diversity, compelling financial need, academic achievement, unique life experiences (such as overcoming obstacles to attend or continue law school), and advancement of women in the profession.  Carstens is a first-generation college graduate and a first-generation law student.  She is supporting herself through law school, yet she has found the time for public service, already completing 180 hours of volunteer time doing pro bono work in the community, primarily through the Wisconsin chapter of the Association of Corporate Counsel.  Carstens is also a member of the student chapter of AWL.

Alaina Fahley, 3L, received the AWL Foundation’s Virginia A. Pomeroy scholarship.  This scholarship honors the late Virginia A. Pomeroy, a former Deputy State Public Defender and a past president of AWL.  In addition to meeting the same criteria as for the AWL Foundation scholarship, the winner of this scholarship must also exhibit what the AWL Foundation calls “a special emphasis, through experience, employment, class work or clinical programs” in one of several particular areas:  appellate practice, civil rights law, public interest law, public policy, public service, or service to the vulnerable or disadvantaged.  Fahley has a sister with autism.  Her experience with her sister has emphasized for her the importance of working with vulnerable populations and her plan to practice public interest law upon graduation. Fahley is a member of the student chapter of AWL and a member of the Pro Bono Society, and she volunteers at the Marquette Volunteer Legal Clinic. She is currently the President of the Public Interest Law Society.  

Congratulations to both women for outstanding service and for their representation of Marquette University Law School.

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Restoring Public Confidence in the Judicial System

“[A] lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.”  Taken from paragraph six of the Preamble[1] to the Model Rules of Professional Conduct, this quote sets out our duty to educate the public.

In April 2009, then Wisconsin State Bar President Diane Diel discussed this very quote in a short article published in Wisconsin Lawyer magazine.[2]  The article focused on the negative effect judicial elections have on the public’s confidence in the judicial system — discussing current Justice Michael Gableman’s allegedly unethical ad that aired during his campaign against Justice Louis Butler and his subsequent disciplinary hearing — and the ever-controversial topic of judicial recusals, focusing on whether judges should be required to recuse themselves from deciding cases in which they received campaign contributions from an interested party.

Diel’s article seems to have foreshadowed the current turbulence in the Wisconsin Supreme Court, which has led to plunging confidence in the judicial system.  

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Money, Art and Crime

Crime often pays, and sometimes pays very well. Both the drug dealer with a pile of cash in the basement and the insider trader with a huge portfolio in an off-shore account face a common problem: How to use the cash without being targeted by law enforcement or tax collectors. The solution is “money laundering,” a banal phrase that accurately conveys how illegitimate wealth is cleaned and pressed to appear lawful – and hence useable.

On September 5, 2012 the Law School hosted a packed lecture, “Money Laundering Perfected by Art,” presented by the Hon. Fausto Martin De Sanctis, a leading federal judge from Brazil, and Karine Moreno-Taxman, an assistant United States Attorney in the Eastern District of Wisconsin. Currently a fellow at the Federal Judicial Center in Washington D.C., Judge De Sanctis has been in the forefront of Brazil’s efforts to crackdown on international and domestic money laundering. Judge De Sanctis described the myriad forms that money laundering can assume, especially through the use of museum-quality art. Paintings and sculptures, for example, leave no money trails. Art dealers jealously guard the confidentiality of their patrons, which only facilitates stealth transactions. Judge De Sanctis talked about the legal battles involving Jean Michel Basquiat’s “Hannibal” (see image), an $8 million painting smuggled from Brazil to the U.S. by persons implicated in the Banco Santos financial scandal (Brazil’s answer to Bernie Madoff). 

Attorney Moreno-Taxman, who translated for Judge De Sanctis, also talked about gaps in domestic (U.S.) and international law which make these crimes hard to detect and complicate the recovery of tainted art, like “Hannibal.” An interesting subtheme was Brazil’s efforts to implement the rule of law since 1988, when it abandoned its military dictatorship and adopted a written constitution.

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