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« Affordable Care Act Arguments -- Day 3, Part 2 | Main | Texas Supreme Court weekly orders (3/30/12) »

Mar 28, 2012


Emil Kiehne

I wouldn't make my briefs harder to read, even if this study is correct. Appellate and other judges have a lot of reading to do, and making their job harder does not seem like a wise tactic, especially if my brief is the last one the judge is reading at the end of a long day.

Bob Powell

I would advise my opponents to heed Oppenheimer's advice. I personally will strive for the easy read that encourages my reader to join me in exploring the issue for our mutual benefit.


Stephen R. Diamond

Put in the whole research context, the finding is that a certain level of cognitive disfluency can help rather than hurt. Simpler isn't always better. ( But cognitive disfluency can be introduced by means other than illegible typography, and most legal writing, moreover, is already too disfluent.

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