Abstract

http://ssrn.com/abstract=2182666
 


 



Gideon's Legacy: Taking Pedagogical Inspiration from the Briefs that Made History


Elizabeth Esther Berenguer


Campbell University - Norman Adrian Wiggins School of Law

November 29, 2012

Barry University Law Review, Forthcoming

Abstract:     
In honor of the fiftieth anniversary of the Gideon decision, this article guides the rhetorical study of the party briefs as a strategy for cultivating individual voice in legal writing. It is a rhetorical study of the party briefs filed in Gideon v. Wainwright, a 1963 U.S. Supreme Court decision establishing the constitutional right to counsel in state criminal proceedings and provides specific lessons to be used in the classroom setting to enhance students’ understanding of advanced persuasive techniques such as logos, ethos, pathos, and storytelling. Each lesson has been created through the lens of cognitive theory, in particular the concept of categories as organizers of perception. This article proposes that categories can either be reinforced or redefined to accomplish rhetorical purposes, and having a meta-cognitive understanding of that power is essential effective advocacy.

Number of Pages in PDF File: 40

Keywords: Gideon, Pedagogy, rhetoric, cognitive psychology, categories, storytelling, narrative


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Date posted: November 30, 2012  

Suggested Citation

Berenguer, Elizabeth Esther, Gideon's Legacy: Taking Pedagogical Inspiration from the Briefs that Made History (November 29, 2012). Barry University Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2182666

Contact Information

Elizabeth Esther Berenguer (Contact Author)
Campbell University - Norman Adrian Wiggins School of Law ( email )
225 Hillsborough Street
Raleigh, NC
United States
9198654682 (Phone)
HOME PAGE: http://law.campbell.edu
Feedback to SSRN


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