Excerpts of Rachel Tallon Reynolds’ article, The Robin Hood Taking and the Court of Standards, have been selected for inclusion in Fundamentals of Modern Property Law, 6th ed. (Foundation Press, forthcoming 2011) authored by Edward H. Rabin, Roberta Rosenthal Kwall, Jeffrey L. Kwall, and Craig Anthony Arnold.
The Robin Hood Taking article was originally developed for a Constitutional Law Seminar taught jointly at New York University and Chapman University Schools of Law by the Honorable Kenneth W. Starr, a former federal appellate judge and Solicitor General. It was later published in the Fourth Volume of the Appalachian Journal of Law.
The article analyzes the United States Supreme Court decision Brown v. Legal Foundation of Washington. In Brown, the Court evaluated Washington States’ use of Interest on Lawyer Trust Accounts (“IOLTA”) under the guise of the Takings Clause of the United States Constitution.