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No Loss, No Foul

Legal Times

January 31, 2003

Consider this Zen riddle pending before the U.S. Supreme Court in a challenge to state IOLTA programs: If government programs to fund legal aid "take" interest income, but cause no economic harm, do they violate the just compensation clause of the Fifth Amendment? Timothy J. Dowling and Douglas T. Kendall argue that in the absence of economic harm to anyone, nobody is owed any relief.

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