TY - JOUR
T1 - Justices and legal clarity
T2 - Analyzing the complexity of U.S. Supreme Court opinions
AU - Owens, Ryan J.
AU - Wedeking, Justin P.
PY - 2011/12
Y1 - 2011/12
N2 - Legal clarity is important to understand and measure because of its connection to the rule of law. We provide the first systematic examination of the clarity of Supreme Court opinions and discover five important results. First, certain justices systematically craft clearer opinions than others. Justices Scalia and Breyer write the clearest opinions, while Justice Ginsburg consistently writes the most complex opinions. Second, ideology does not predict clarity in majority or concurring opinions. Third, all justices write clearer dissents than majority opinions, while minimum winning coalitions produce the clearest majority opinions. Fourth, justices across the board write clearer opinions in criminal procedure cases than in any other issue area. Finally, opinions that formally alter Court precedent render less clear law, potentially leading to a cycle of legal ambiguity.
AB - Legal clarity is important to understand and measure because of its connection to the rule of law. We provide the first systematic examination of the clarity of Supreme Court opinions and discover five important results. First, certain justices systematically craft clearer opinions than others. Justices Scalia and Breyer write the clearest opinions, while Justice Ginsburg consistently writes the most complex opinions. Second, ideology does not predict clarity in majority or concurring opinions. Third, all justices write clearer dissents than majority opinions, while minimum winning coalitions produce the clearest majority opinions. Fourth, justices across the board write clearer opinions in criminal procedure cases than in any other issue area. Finally, opinions that formally alter Court precedent render less clear law, potentially leading to a cycle of legal ambiguity.
UR - http://www.scopus.com/inward/record.url?scp=83255170558&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=83255170558&partnerID=8YFLogxK
U2 - 10.1111/j.1540-5893.2011.00464.x
DO - 10.1111/j.1540-5893.2011.00464.x
M3 - Article
AN - SCOPUS:83255170558
SN - 0023-9216
VL - 45
SP - 1027
EP - 1061
JO - Law and Society Review
JF - Law and Society Review
IS - 4
ER -