: A Memoir, a profile
of civil rights leader Vernon Jordan written together with him, and Race on
Trial: Law and Justice in American History, in which she edits 12 original essays that illustrate how race determined the
outcome of trials.
In any event, we all know that, despite the obscene cost, the countless hours, the utter uncertainty
of the
outcome (not to mention collection difficulties and the prospect
of appeals), a
trial is the only sane method
of resolving each and every
civil dispute.
So far, only three published studies have analyzed the association between brief readability and case
outcome, 50 and no studies have analyzed that association in the
trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the
outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard
of review, presence
of a dissenting opinion, and readability
of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or
civil case, presence
of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and
outcome in the briefs in their study.56
For research projects on adverse
civil trial outcomes in state courts and securities fraud class actions in federal courts, for instance, DecisionSet ® collaborated with Martin Asher
of The Wharton School and Blakeley McShane
of The Kellogg School
of Management.