MELISSA GIAIMO
Assistant Perspectives Editor
Two sitting U.S. Supreme Court justices will teach intensive courses at the School of Law this summer. Justice Samuel Alito will teach a two-week course on advanced constitutional law and Justice Antonin Scalia will teach a two-day course on separation of powers and federalism in London.
Although it is common for Supreme Court justices to teach overseas at various universities during the summer, it is extremely rare to teach at a university’s home campus.
Alito accepting to teach at Pepperdine demonstrates his desire “to stay involved in legal education and ensure that those who are becoming part of the profession understand the privilege that it is to practice law,” said Doug Kmiec, constitutional law professor and Caruso Family Chair
Like any Pepperdine faculty member, Alito will have an office, grade papers, administer an exam and receive the same stipend as a typical School of Law summer professor.
“He will be down the hall and students will be able to knock on his door,” Kmiec said.
The justice was insistent that his class be available to as many students as possible. He is not limiting the number of students or requiring prerequisites.
Alito will teach advanced issues in constitutional law: the Constitution and the war power from July 30 to August 9, Monday through Thursday, 5 to 6:30 p.m. The class will evaluate the distinct powers the Constitution grants the president, Congress and courts during war and how those differ in peacetime.
Kmiec said Alito’s teaching method reflects his style as a judge.
“’He is someone who likes to take very provocative readings across the political and ideological spectrum and engage [all] ideas,” Kmiec said.
Kmiec said he believes that in typical Alito fashion, the wide variety of reading assignments for his class will mask his personal viewpoint, allowing students to form their own opinions.
When Alito visited Pepperdine in September for a lecture, he taught one of Kmiec’s classes.
While admiring the magnificent view of the Pacific, Kmiec and Starr asked Alito to return to Pepperdine as a teacher.
Alito readily accepted, according to Kmiec.
Justice Scalia will also teach a summer course.
Scalia will teach Constitutional Law: the Federalist Understanding from July 18 and 19 focusing on separation of powers and federalism in the three branches of government. He will teach the seminar together with professor John Baker of Louisiana State University.
Unlike Alito’s class, there are strict prerequisites for the London course. To take the class, students must either have taken a class on federal-state relations or Kmiec’s four-day preparation class offered directly before Scalia’s class, as well as “Individual Rights.”
“I think it’s wonderful,” Ed Larson, Hugh and Hazel Darling Professor of Law and professor of history and law at Seaver College said. “It’s especially nice [because Alito] is here on campus.”
News of the justices’ arrival is buzzing around campus as many students are deciding the classes are worth the extra expense and time.
“It’s a great opportunity I’d be silly to pass on,” first-year law student Aaron Summer said. He plans to take Alito’s course.
Many law students say learning from a Supreme Court justice is a once-in-a-lifetime opportunity.
“I might never be able to stand before the Supreme Court,” first-year student John Newton said who also plans to take the course. “[This] is the intangible stuff you go to law school for.”
While the course description says classes will be lively and open-minded, the justices must refrain from commenting directly upon matters that may come before them.
But some students said they lament that Alito and Scalia represent the same type of conservatism typical at Pepperdine’s School of Law.
“I don’t like the fact that we consistently have the same conservative minds of the legal community here,” second-year Patrick Ludeman said.
At the end of this summer, Chief Justice John Roberts, Alito and Scalia will have visited the university during Ludeman’s two years at Pepperdine.
“I’d like to see [university administrators] transcend the political divide with the type of people they bring here,” Ludeman said.
But most students feel the justices’ political orientation is irrelevant.
“A Supreme Court justice is a Supreme Court justice,” second-year Scott Akmine said. “I don’t feel as though they’d be necessarily conservative in their teachings.
Kmiec and many students said they are confident that Alito’s and Scalia’s summer tenure will improve the law school’s rankings.
Kmiec said he hopes that the justices’ visit will bring people to judge the university not only by its campus beauty, but also by the beauty within: extraordinary teaching and academics.
03-22-2007
