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

Elizabeth Esther Berenguer

Savannah Law School

November 29, 2012

Barry University Law Review, Forthcoming

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

Open PDF in Browser Download This Paper

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)
Savannah Law School ( email )
516 Drayton Street
Savannah, GA 31401
United States
9125253905 (Phone)
9125253915 (Fax)
HOME PAGE: http://www.savannahlawschool.org
Feedback to SSRN

Paper statistics
Abstract Views: 591
Downloads: 134
Download Rank: 158,870

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.172 seconds