Blog Post #2

After researching my original topic, I discovered that there wasn't much information available. When I did find sources, I realized I was trying to force the information to fit my research questions, instead of letting the research guide me. As a result, I've changed my research question and the focus of my research. I'll leave my original research at the bottom of this blog post in case I want to revisit the topic time.

My new research topic will explore the impact of translating legal documents from legalese to plain English. This exploratory study will examine whether plain English makes legal documents more accessible to the average person. I also want to explore whether using plain English fundamentally alters the meaning of legal documents, potentially requiring longer texts due to the extra explanations needed. Additionally, I want to investigate whether it's possible to use precise plain English that conveys the same meaning as legalese without increasing the document's length.

The following are the 10 sources I have found.

Britt, E. C., Longo, B., & Woolever, K. R. (1996). Extending the boundaries of rhetoric in legal writing pedagogy. Journal of Business and Technical Communication: JBTC, 10(2), 213.

Byrne, D. (2008). Writing Government Policies and Procedures in Plain Language. Business Communication Quarterly, 71(1), 88–92. https://doi.org/10.1177/1080569907313376

Chandler, D., & Hashimoto, B. (2024). here-, there-, and every where-: Exploring the role of pronominal adverbs in legal language. Applied Corpus Linguistics, 4(1), 100087. https://doi.org/10.1016/j.acorp.2024.100087

Elliott, S. A., Scott, S. D., Charide, R., Patterson-Stallwood, L., Sayfi, S., Motilall, A., Baba, A., Lotfi, T., Suvada, J., Klugar, M., Kredo, T., Mathew, J. L., Richards, D. P., Butcher, N. J., Offringa, M., Pottie, K., Schünemann, H. J., & Hartling, L. (2023). A multimethods randomized trial found that plain language versions improved parents’ understanding of health recommendations. Journal of Clinical Epidemiology, 161, 8–19. https://doi.org/10.1016/j.jclinepi.2023.06.018

Garwood, K. (2013). Metonymy and plain language. Journal of Technical Writing and Communication, 43(2), 165–180. https://doi.org/10.2190/TW.43.2.d

Hartig, A. J., & Lu, X. (2014). Plain English and legal writing: Comparing expert and novice writers. English for Specific Purposes, 33, 87–96. https://doi.org/10.1016/j.esp.2013.09.001

Jones, N., McDavid, J., Derthick, K., Dowell, R., & Spyridakis, J. (2012). Plain Language in Environmental Policy Documents: An Assessment of Reader Comprehension and Perceptions. Journal of Technical Writing and Communication, 42(4), 331–371. https://doi.org/10.2190/TW.42.4.b

Martínez, E., Mollica, F., & Gibson, E. (2022). Poor writing, not specialized concepts, drives processing difficulty in legal language. Cognition, 224, 105070. https://doi.org/10.1016/j.cognition.2022.105070

Sampson, N., Price, C., Sampson, M., Bradshaw, M., & Freeman, B. (2024). Lessons from a plain language analysis: U.S. Clean Air Act Title V public notices as barriers to environmental justice. Environmental Science & Policy, 151, 103604. https://doi.org/10.1016/j.envsci.2023.103604

Schiess, W. (2003). The five principles of legal writing. Practical Lawyer, 49(3), 11.


Previous research topic information:

My research topic revolves around the authenticity of how we convey our lives and the effect of authenticity (or lack thereof) on history. I want to look at this theoretically, focusing on three areas of emphasis. First, I will look at past history, such as World War II, when curation and editing were used to convey causes in a more sympathetic lens or by dehumanization. Second, I will look at what we are doing now to change the narrative of our lives, such as editing and filtering. Lastly, I will look at how authenticity affects the future view of history. Are we creating historical fiction through the curation of videos and narratives today?

With this in mind, I have divided my research into three areas: authenticity of past history, authenticity of current history, and perception of future generations on our lives now. Sources I found that will help focus my study are:

Authenticity of past history or impact of rhetoric:

Boedy, M. (2015). The evil in technical communication: Katz, Ward, Moore, and Overnaming. Journal of Technical Writing and Communication, 45(3), 213–225. https://doi.org/10.1177/0047281615578844

Bryce, D., Curran, R., O’Gorman, K., & Taheri, B. (2015). Visitors’ engagement and authenticity: Japanese heritage consumption. Tourism Management, 46, 571–581. https://doi.org/10.1016/j.tourman.2014.08.012

Revisiting Digital Sampling Rhetorics with an Ethics of Care—ScienceDirect. (n.d.). Retrieved September 9, 2024, from https://www-sciencedirect-com.libproxy.utahtech.edu/science/article/pii/S8755461516300275

Ward, M. (2010). The banality of rhetoric? (Part 2): Alternate views of technical communication and the holocaust. Journal of Technical Writing and Communication, 40(3), 311–336. https://doi.org/10.2190/TW.40.3.e

Communication corruption of current history:

Gellis, M. (2011). Autobiographical writing in the technical writing course—Mark Gellis, 2011. https://journals-sagepub-com.libproxy.utahtech.edu/doi/abs/10.2190/TW.41.3.g

Rosinski, P. (2007). Book review: The impact of the internet on our moral lives. Journal of Business and Technical Communication, 21(1), 109–112. https://doi.org/10.1177/1050651906293535

Wijaya, B. S., & Nasution, A. A. (2022). Social media, personal branding, and the hypoesthesia of communication corruption. Cogent Arts & Humanities, 9(1). https://doi.org/10.1080/23311983.2022.2095095

Effect on history:

Classen, C., & Kansteiner, W. (2009). Truth and authenticity in contemporary historical culture: An introduction to historical representation and historical truth. History and Theory, 48(2), 1–4. https://doi.org/10.1111/j.1468-2303.2009.00495.x

Liu, C. (2022). Imag(in)ing place: Reframing photography practices and affective social media platforms. Geoforum, 129, 172–180. https://doi.org/10.1016/j.geoforum.2022.01.015

Saxton, L. (2020). A true story: Defining accuracy and authenticity in historical fiction. Rethinking History, 24(2), 127–144. https://doi.org/10.1080/13642529.2020.1727189

Comments

  1. I understand the difficulty of looking for sources. I had to broaden my approach on this first round. Your first project idea would have probably involved more interdisciplinary works with psychology; there are probably extensive studies about magazine/commercial images and body dysmorphia/depression. I know some studies are starting to observe screen time effects (older ones with television, and then video games, and now computers and digital devices). I’m not sure how many sources in technical writing would have overlapped though. You were just solidly in a gap spot to start with and would’ve needed to really reach out and collect (and there’s a time crunch here). Even though this one goes on the back burner, I hope you keep it in mind for the future. It’s still neat.

    However, your next project seems pretty rooted in classical technical writing. So, it should be somewhat easier finding sources that deal with technical writers noting and challenging the ethics of legalese. Historically, this has long been a problem. On a personal note, I’m curious if any articles have studied how quickly people read through print/digital contracts before just signing or clicking their agreement.

    Good job in changing gears so smoothly! Looking forward to how your project shapes up.

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  2. What issues, voice, and topics are missing from this list?

    An issue that is missing is how this topic could help marginalized groups understand legal issues they are facing. I only have one source about this topic. I also think an issue that is missing is the length of time it would take to revise documents in a law practice so all would be in plain language.

    I think a voice that is missing from this list is an attorney voice. Much of the research has been done by researchers, not legal practitioners. I have sources from marginalized groups who want to change legal documentation to plain language to reduce the marginalization. I have sources from those who are attacking the legal community because it is claimed that lawyers use low-frequency words to justify their fees or their expertise. I would like to do more research to find what lawyers have to say about this topic. I would also like to find the voice of law schools or law professors who would be interested in changing their courses to teach plain language writing. What would they think of this push?

    Topics I believe are missing from the list are one about education. I would like to investigate the feasibility of teaching legal writing in plain language terms. I would also like to investigate if law professors (or law schools) would be open to teaching plain language to their students. I would also like to know what kind of change will need to be made in the curriculum if a movement is successful to teach plain language in law school.

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  3. Hi Michelle,

    Despite changing gears, I think it looks like you had a good start on your sources, so far. I also surmise that as you dive deeper into your new topic's sources, you will eventually craft a research gap/focus that would eventually lead to a solid proposal within the lens of TWDR. I know you'll be distilling more of your topic interest as you plow through and annotate the sources that you've found. Keep on keeping on!!

    After the Annotated Bib or your Lit. Review is done, maybe we can set a quick Zoom appointment to brainstorm ideas for your Research Proposal(?).. As always, feel free to set an appt. with me anytime if you need help -- am here.

    Keep up the good work!

    Best,

    Dr. B

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