American - Lawyer | March 11, 1941 -
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.
David Boies
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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.
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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.
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We're lawyers. We present the arguments, and the court sorts out the merits.
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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.
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I win virtually every case I should win, and I win a number of cases that people think I shouldn't.
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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.
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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.
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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.
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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.
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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.
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The Audio Home Recording Act directly says that noncommercial copying by consumers is lawful.
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