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Dru Stevenson

2010

Administrative Law

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A Million Little Takings, Dru Stevenson Mar 2010

A Million Little Takings, Dru Stevenson

Dru Stevenson

IOLTA programs are a very popular mechanism for funding legal services for the poor, and are now operating in every state. As a result, however, IOLTA has become the most frequent and widespread instance of government takings of private property in America. The post-Kelo era has seen increasing legislative restrictions on takings, and the post-Kelo reforms in several states appear to have inadvertently made their respective IOLTA programs illegal by banning all takings where the government immediately gives the taken property to another private party (in this case, private poverty-law foundations and legal aid clinics). IOLTA takings also highlight a …