Anyone who writes or talks about negotiation strategy eventually has to address Getting to Yes.  It’s the 800 pound gorilla in the negotiation field, and it has produced a vocabulary that, while occasionally jargony and unwieldy, is in constant use. Far more importantly, it contains some outstanding advice on how to negotiate in almost

Last month, I wrote about an old article of Professor Cass Sunstein’s, on Outrage.  In it, I mentioned that he discussed (albeit very briefly) an interesting idea, "rhetorical advantage." So, what does the term actually mean for folks interested in legal strategy?

What makes Professor Sunstein’s usage in Outrage so interesting is