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washington
et
al
writ
certiorari
appeals
ninth
circuit
march
justice
kennedy
dissenting
principal
dissenting
opinion
authored
justice
scalia
sets
forth
precise
complete
convincing
case
rejecting
holding
analysis
join
dissent
full
seem
appropriate
add
observation
mandating
interest
accounts
serve
causes
justices
washington
prefer
state
takes
property
violation
fifth
fourteenth
amendments
constitution
also
grants
monopoly
might
used
forced
support
certain
viewpoints
state
help
congress
acted
violation
constitutional
responsibilities
taking
property
concede
client
ante
phillips
washington
legal
foundation
free
market
might
created
various
diverse
funds
pooling
small
interest
amounts
funds
allowed
true
owners
property
option
express
views
policies
choosing
instead
programs
stand
today
true
owner
even
opt
state
monopoly
first
amendment
consequences
state
action
addressed
case
potential
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violation
see
abood
detroit
bd
keller
state
bar
today
holding
doubly
unfortunate
one
constitutional
violation
taking
property
likely
lead
another
compelled
speech
matters
may
come
due
course
footnotes
letter
federal
reserve
board
general
counsel
michael
bradfield
donald
middlebrooks
reprinted
middlebrooks
interest
trust
accounts
program
mechanics
operation
five
iolta
programs
adopted
state
legislatures
see
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wyo
rule
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virginia
legislature
overridden
state
iolta
rules
see
acts
ch
making
lawyer
participation
iolta
program
optional
rather
mandatory
adding
code
ann
indiana
program
created
legislation
struck
indiana
impermissible
encroachment
power
regulate
practice
law
see
public
law
later
indiana
adopted
iolta
program
see
ind
rule
prof
conduct
remondini
iolta
arrives
indiana
trial
judges
play
key
role
pro
bono
plan
res
gestae
likewise
pennsylvania
state
legislature
passed
original
program
pennsylvania
took
program
suspending
state
statute
amending
rules
professional
conduct
require
attorney
participation
iolta
see
azen
building
base
pro
bono
pennsylvania
law
petitioners
appear
suggest
different
constitutional
analysis
might
apply
legislative
program
one
adopted
state
judiciary
see
brief
petitioners
tr
oral
arg
assume
however
procedure
followed
state
promulgating
iolta
rules
irrelevant
takings
issue
see
brief
aarp
et
al
amici
curiae
citing
aba
commission
interest
lawyers
trust
accounts
iolta
handbook
updated
july
firm
washington
legal
foundation
nonprofit
public
interest
law
policy
center
members
supporters
nationwide
devotes
substantial
portion
resources
protecting
speech
property
rights
individuals
undue
government
interference
app
two
individuals
found
standing
lpos
alleged
amendment
adversely
affected
earnings
banks
previously
provided
special
services
longer
allege
funds
taken
saying
without
iolta
place
earned
transaction
without
iolta
place
may
earned
anything
earned
sense
earning
credits
title
company
case
often
referred
compensation
clause
final
clause
fifth
amendment
provides
shall
private
property
taken
public
use
without
compensation
applies
well
federal
government
chicago
chicago
dissenters
ninth
circuit
observed
original
panel
opinion
iolta
programs
spread
rapidly
exceedingly
intelligent
idea
money
lawyers
deposited
bank
trust
accounts
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produced
earnings
iolta
clients
owned
money
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earnings
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extracted
earnings
banks
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charities
largely
fund
legal
services
poor
worthy
purpose
dissent
en
banc
opinion
judge
kozinski
wrote
doubt
true
iolta
program
serves
salutary
purpose
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worthy
support
citizen
former
member
bar
applaud
state
effort
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disadvantaged
therefore
hold
even
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program
constituted
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private
property
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amendment
violation
value
compensation
nil
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hypothetical
posed
ninth
circuit
dissenters
illustrates
fundamental
flaw
justice
scalia
approach
case
view
compensation
measured
gross
amount
interest
taken
state
client
recover
interest
earned
deposit
even
transaction
costs
amount
thus
case
justice
scalia
approach
even
necessary
incur
substantial
legal
accounting
fees
determine
many
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interest
earned
petitioners
funds
remained
escrow
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interest
belonged
rather
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constitution
require
paid
gross
amount
interest
rather
amount
equal
net
loss
course
zero
explained
inconsistent
compensation
precedents
see
supra
ironically
justice
scalia
seems
believe
holding
webb
fabulous
pharmacies
beckwith
support
bizarre
result
webb
however
transaction
cost
comparable
postage
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circuit
hypothetical
potential
professional
fees
case
clerk
fee
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fund
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creditors
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recovered
amount
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loss
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expressly
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holding
narrow
circumstances
case
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decision
question
whether
compensation
due
clerk
charged
separate
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see
justice
scalia
mistaken
stating
hold
compensation
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amount
interest
petitioners
earned
funds
deposited
accounts
post
hold
compensation
measured
net
value
interest
actually
earned
petitioners
operation
washington
iolta
rules
net
interest
earned
money
placed
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accounts
washington
see
iolta
adoption
order
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funds
funds
circumstances
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net
interest
deducting
transaction
administrative
costs
bank
fees
client
contrary
dissent
assertion
conclusion
depend
fact
interest
created
beneficence
state
regulatory
program
post
rests
instead
fact
compensation
net
loss
zero
zero
footnotes
although
ninth
circuit
concluded
washington
iolta
scheme
constitute
taking
petitioners
property
washington
legal
foundation
legal
foundation
attempt
defend
aspect
decision
ante
ruminations
whether
state
iolta
program
satisfies
fifth
amendment
public
use
requirement
ante
come
surprise
inasmuch
address
nonjurisdictional
constitutional
issue
raised
neither
parties
amici
petitioners
sole
contention
state
iolta
program
violates
compensation
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takings
clause
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needlessly
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use
requirement
unquestionably
satisfied
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raised
funds
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usefully
call
attention
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features
takings
scheme
devised
washington
tax
user
fee
enacted
democratically
elected
legislature
iolta
scheme
contrast
circumvents
politically
accountable
decisionmaking
effects
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clients
funds
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rule
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ethics
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washington
taking
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response
phillips
rejection
view
government
may
seize
property
administrative
costs
retention
exceed
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value
hypothetical
posed
ninth
circuit
dissenters
support
suggestion
remand
ante
doctrine
stare
decisis
adopts
different
hierarchy
precedents
followed
dissenting
opinions
courts
appeals
also
suggests
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petitioners
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discussed
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washington
legal
foundation
reprise
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