182
Breyer, J., dissenting
does King Diarmed's legendary slogan, "[T]o every cow her calf." A. Birrell, Seven Lectures on The Law and History of Copyright in Books 42 (1889) (internal quotation marks omitted). Cf. Berkey v. Third Avenue Railway Co., 244 N. Y. 84, 94, 155 N. E. 58, 61 (1926) (Cardozo, J.) ("Metaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it").
Nor can Webb's Fabulous Pharmacies answer the question presented. But for state intervention the principal in that case could have, and would have, earned interest. See 449 U. S., at 156-157, and nn. 1, 2 (state law required party to deposit funds with court, authorized court to hold the funds in an interest-bearing account, and allowed the court to claim the interest as well as a fee). Here, federal law ensured that, in the absence of IOLTA intervention, the client's principal would earn nothing. Webb's Fabulous Pharmacies holds that a state law which places that ordinary kind of principal in an interest-bearing account (which interest the State unjustifiably keeps) takes "private property . . . for public use without just compensation." That holding says little about this kind of principal, principal that otherwise is barren. Nor do cases that find a private interest in property with virtually no economic value tell us to whom the fruits of that property belong when that property bears fruit through the intervention of another. Ante, at 169-170 (citing Loretto v. Teleprompter Manhattan CATV Corp., 458 U. S. 419 (1982); Hodel v. Irving, 481 U. S. 704, 715 (1987)). If necessary, I should find an answer to the question presented in other analogies that this Court's precedents provide. Land valuation cases, for example, make clear that the value of what is taken is bounded by that which is "lost," not that which the "taker gained." Boston Chamber of Commerce v. Boston, 217 U. S. 189, 195 (1910) (opinion of Holmes, J.); see also United States v. Miller, 317 U. S. 369, 375 (1943) ("[S]pecial value to the condemnor . . . must be excluded as an element of market value"); United States
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