For a critique of
readability studies in the context of legal writing, see Sirico, supra note 41.
41 Louis J. Sirico, Jr.,
Readability Studies: How Technocentrism Can Compromise Research and Legal Determinations, 26 Quinnipiac L. Rev. 147, 162 n. 87 (2007); Long & Christensen, Winning an Appeal, supra note 17, at 149 (2011); DuBay, supra note 33, at 2.
For example, I anticipate that it will be a long, slow battle to get law firms to finally ditch fully justified text in favour of left - justified («ragged right») text, despite countless
readability studies that show that fully - justified text that is not professionally typeset (in other words, that is generated by word processing software) is much more difficult to read than left - justified text.
Quotable: What lawmakers, experts say about CreditCards.com's
readability study — Lawmakers, consumer advocates, banking industry officials and financial literacy and readability experts react to the CreditCards.com analysis of the readability of U.S. credit card agreements... (See CreditCards.com
readability study)
Not exact matches
I felt that it had the accuracy I wanted for my preaching, teaching, and
study, the
readability of some of the other translations, and the style of the traditional King James.
«Conducting formal
readability testing, as suggested by the
study authors, along with use of patient reviewers from a variety of educational and cultural backgrounds may provide important feedback to enhance the value of materials across a larger spectrum of health literacy levels.»
The
study suggested ways in which a modified policy could ensure patient comprehension, including improved
readability of the consent form and decision - support tools to ensure that women are making fully informed decisions.
During these
studies he observed that a student's ability to comprehend a passage was determined in part by the relative
readability of the text, but even more by the student's background knowledge.
The late Jeanne Chall and Sue S. Conard
studied widely used textbooks covering the period from 1945 to 1975 and noted, «On the whole, the later the copyright dates of the textbooks for the same grade, the easier they were, as measured by indices of
readability level, maturity level, difficulty of questions, and extent of illustration.»
A
study by UCLA on the
readability of California's school accountability report card found that nearly two thirds of business and professional readers surveyed could not determine whether the school was fully staffed or whether teacher credentials were improving (Paretz, et al., nd).
Front lights have taken e-ink to the next level of contrast, ease of use, and
readability, and Stephanie tells us they conducted a
study that it's not a criterion??? So, what's the real criterion sony, an average store, average software and ppi in your screens from circa 2006?
Study each package from these different platforms with the following factors in mind: size of the market,
readability of the platform in different devices, royalty fees, and other services and tools they provide.
In another correlational
study, Lance Long and William Christenson
studied the relationship between
readability and outcome in appellate briefs.126 They sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.
Researchers might conduct correlational
studies of existing cases, as Long and Christenson did in their
study of
readability and success on appeal241 or as Moss did in his mixed - methods
study of employment discrimination summary judgment motions.242 Or they might conduct an experiment asking participants to simulated cases, as in the proposed modification of Chestek's
study of preferences for narrative elements in briefs.243 Alternatively, researchers could conduct qualitative
studies of decision - makers believe that legal writing influences their decisions.
Although this
study found no significant correlation between
readability and outcome, that could reflect lower caseloads and greater law clerk support for appellate judges in comparison to trial judges.
Long and Christensen found no statistically significant correlation between
readability and outcome in the briefs in their
study.129 For federal appellate court briefs and state supreme court briefs, the only variable with a statistically significant correlation to reversal was jurisdiction, which is not surprising because state cases have higher reversal rates than federal cases.
Ian Gallacher considered this question in his
study of
readability scores of briefs filed in New York's highest court from 1969 to 2008.244 Gallacher's
study «was designed to reveal if the effects of systematic legal - writing instruction in law schools could be seen in documents written by lawyers.»
Those measures, however, rely entirely on two structural features — syllables per word and words per sentence.48 As we describe below, we have adopted a comprehensive approach to measuring
readability by taking fifty different
readability measures and then using factor analysis to create an index based on the most reliable set of measures.49 The next section discusses the few prior
studies of the relationship between
readability and case outcome.
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
51 Other researchers have conducted descriptive
studies of brief or opinion
readability without analyzing the association of
readability and case outcome.
Finally, our results set the stage for future qualitative
studies exploring how
readability differentials manifest themselves in opposing briefs, whether readers are conscious of
readability differentials between opposing briefs, and how
readability differentials factor into the decision - making process.
Studies from a variety of disciplines show that greater readability can influence readers» behavior or comprehension.25 Several studies addressed readability in the context of investments and corporate discl
Studies from a variety of disciplines show that greater
readability can influence readers» behavior or comprehension.25 Several
studies addressed readability in the context of investments and corporate discl
studies addressed
readability in the context of investments and corporate disclosures.
First, a larger observational
study using a similar model may help further clarify whether
readability plays a different role in federal and state courts.
66 They also used LIWC to measure plain language by calculating the inverse of the average words per sentence.67 Both were positively associated with the percentage of brief language adopted in the Court's opinion and the associations were highly significant.68 Our
study builds on this multi-factor approach to measuring
readability.
Although no other
study has analyzed
readability's relationship to case outcome, several have analyzed its relationship to the percentage of the brief's language adopted in the court's opinion.
Two found a statistically significant association between
readability and favorable outcomes; the third did not.17 Those
studies, however, analyzed brief writing in the appellate courts, where the factual record has been fully developed and the legal issues have been vetted below.
Campbell published the early results of a similar
study of petitioners» and appellants» briefs in the Supreme Court, Ninth Circuit, and California Supreme Court.57 He used the StyleWriter writing and editing software package to capture eight different
readability measures and coded one dependent variable (the appellant's outcome).58 When considering all appellate briefs, none of the eight
readability measures showed a statistically significant correlation to appellant's outcome.
It also finds that
readability has a stronger relationship to summary judgment success in federal courts than in state courts.2 After several earlier
studies of appellate brief quality and success on appeal yielded conflicting results, our finding paves the way for additional research.
The Article is also the first to measure the
readability of each brief in relation to its opposing brief in the same case, rather than measuring
readability in the abstract as in prior
studies.
The
study measured
readability using the Gunning Fog Index, which generates a
readability score based on the number of words per sentence and the frequency of complex words.
& Process 75 (2010)(analyzing Supreme Court brief
readability using Flesch Reading Ease, Gunning Fog, and Flesch - Kincaid tests, and reporting variation in
readability for different types of litigant and across time periods); Ian Gallacher, «When Numbers Get Serious»: A
Study of Plain English Usage in Briefs Filed Before the New York Court of Appeals, 46 Suffolk U. L. Rev. 451 (2013)(using Flesch Reading Ease and Flesch - Kincaid test to measure
readability and finding gradual reduction in
readability from 1969 through 2008); Keith Carlson, Michael A. Livermore, & Daniel Rockmore, A Quantitative Analysis of Writing Style on the U.S. Supreme Court, 93 Wash..
Lamb, a well - known and credible researcher (although he has written soft papers like this article all too often since, apparently, being given fatherhood promotion marching orders from the federal government), squirrels out of being called on his sleight of hand by setting up as his precursor alibi, that he did this in this article in this way (without citation to supportive research findings) in order to «facilitate
readability» and that «readers can
study the cited articles for references to the primary literature.»
To facilitate
readability, we primarily cite review articles; readers can
study the cited articles for references to the primary literature.