One of the things that the court held in Brown v. Board of Education is that government can't impose a badge of inferiority on some of its citizens. Yet that is exactly what Proposition 8 does with respect to gay and lesbian couples in California.
— David Boies
We must bring the rule of law to its full fruition in the United States, and when we do, we will have achieved the goals and rhetoric of our Founding Fathers.
Unlike people of my generation, my children and my grandchildren have grown up living with, knowing, people who were outwardly gay and lesbian. And they have learned that they're just like us... And when you see that they're just like us, the rationale for discrimination melts away.
Embrace a diversity of ideas. Embrace the fact that you can disagree with people and not be disagreeable. Embrace the fact that you can find common ground - if you disagree on nine out of 10 things, but can find common ground on that 10th, maybe you can make progress. If you can find common ground, you can accomplish great things.
In any profession, whether it's teachers or doctors or lawyers, the more we say we're not going to evaluate those people on the merits, I think that's when the profession goes into decline.
You wouldn't go to a hospital, you wouldn't go to a law firm where the doctors and lawyers were not retained on merit: where they all had tenure regardless of competence. Parents feel the same way about schools that they send their children to.
I made a penny for each paper delivered every day, plus 2 cents for Sunday papers. I had 120 customers. For a 10-year-old kid in the 1940s, that was a lot of money.
I was a paper boy, beginning the summer between my fourth-grade and fifth-grade years.
The Audio Home Recording Act directly says that noncommercial copying by consumers is lawful.
When you think of Napster, you think of music. But the first thing that struck me was that this was an important case not only for the music industry but for the whole Internet.
It's terribly important that we extend the promise of equality that the Supreme Court and that the district court articulated in the DOMA case and in the Perry case to all Americans in all 50 states.
I win virtually every case I should win, and I win a number of cases that people think I shouldn't.
Most people are balancing 10 or 20 priorities. I have two. My family and my work.
I don't really believe in moral victories. You can have them when you're dealing with public opinion, but in litigation, you want to win the case. I want to win.
While I agree completely that attracting good teachers is difficult, and we need to spend more time doing that - in part by paying them more money - I don't think there's any evidence for the idea that somehow tenure attracts good teachers. In fact, I think the evidence is to the contrary.
We're lawyers. We present the arguments, and the court sorts out the merits.
You never know when you lose a case whether it was because the facts were against you, or because the judges had already made up their minds, or if you could have done something differently.
Obviously I'm a lawyer; I like to have cases.
Napster's only alleged liability is for contributory or vicarious infringement. So when Napster's users engage in noncommercial sharing of music, is that activity copyright infringement? No.
It is human nature to favor individuals and institutions who we know or for whom we feel responsible.
It is easy to be accurate if you have the freedom to be complicated, and it is very easy to be simple if you have the freedom to shade the truth. What's hard is to be simple and very accurate, and that takes work to figure out what are the simple truths that are going to sustain your case.
It's a matter of priorities. Do you want to win, or would you like to sleep? Do you want to win, or would you like to take a day off?
A trial is a powerful vehicle to explain things. It is the most time that anybody spends really thinking about one thing. Unless you are the analyst on the National Security staff that's assigned to monitor Putin, and that's all you do, day in and day out, very few people ever spend the time on a single subject that is spent during trial.
We're now segregating our schools based on economics; we're segregating our schools based on where a child's parents live. And it has the same corrosive effect of destroying people's opportunity as racial segregation did.
Once I take a case, I'm stuck with it.
But I'd say my best boss was Tom Barr, who was a partner at Cravath, Swain & Moore in the 1960s. It's because I learned so much from him.
The very purpose of the Bill of Rights and the Constitution is to protect minority rights against majority voters. Every court decision that strikes down discriminatory legislation, including past Supreme Court decisions, affirming the fundamental rights to marry the person you love, overrules a majority decision.
Here you have a new technology, and if that technology is going to work, you must allow people to provide central indexes of the data. It's just like a newspaper that publishes classified ads.
