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Missouri Law Review

2008

Damages

Articles 1 - 2 of 2

Full-Text Articles in Law

Tesla, Marconi, And The Great Radio Controversy: Awarding Patent Damages Without Chilling A Defendant's Incentive To Innovate, Christopher A. Harkins Jun 2008

Tesla, Marconi, And The Great Radio Controversy: Awarding Patent Damages Without Chilling A Defendant's Incentive To Innovate, Christopher A. Harkins

Missouri Law Review

The true life story of Nikola Tesla reads like a fiction novel worthy of Hollywood in a tale of the great radio controversy. Who did invent radio? Marconi is often credited with the invention, while a discouraged Tesla mostly watched from the sidelines - his contributions and further innovations to radio being silenced during the height of radio's most rapid growth. While Tesla's bizarre personal life may read like a novel by Jules Verne and F. Scott Fitzgerald, this much can be learned from the facts and folklore of the radio controversy: simultaneous discovery and independent development ought to mitigate …


Punitive Damages And Due Process: Trying To Keep Up With The United States Supreme Court After Philip Morris Usa V. Williams , Tyler C. Schaeffer Apr 2008

Punitive Damages And Due Process: Trying To Keep Up With The United States Supreme Court After Philip Morris Usa V. Williams , Tyler C. Schaeffer

Missouri Law Review

Throughout the past two decades, the United States Supreme Court has gradually formed several procedural and substantive protections under the Fourteenth Amendment's Due Process Clause limiting the size of punitive damages a State can award against civil defendants. The Court has made it clear that the catalyst for the recent constitutional doctrine stems from its concern towards punitive damages that "run wild." What has not been as clear is what prior constitutional authority the Court has drawn from when creating these new rules. Consequently, state courts, left with little guidance, have struggled with applying as well as predicting the evolving …