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
Date posted: November 30, 2012
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