49 Ga. L. Rev. [i] (2014-2015)

handle is hein.journals/geolr49 and id is 1 raw text is: 








   GEORGIA LAW REVIEW


VOLUME 49                    FALL 2014                    NUMBER 1


ARTICLES
  Nondiscrimination in Insurance:
    The Next Chapter ......................................................... M ary  L. Heen  1
         For nearly 150 years, American insurance companies
       have engaged in race and gender pricing practices that
       would be illegal if followed today by any other major
       commercial enterprise.   The insurance industry has
       defended its long-standing practices, first for race and
       now for gender, based on ideas about insurance equity
       developed  in the nineteenth century.   The continued
       application of these ideas, and the practices that have
       resulted from them, conflict with fundamental civil rights
       principles and should not be tolerated as exceptions to our
       national civil rights laws.   As that history shows,
       classifications used by insurers to determine rates and
       benefits raise complex  distributional, financial, and
       political issues that cannot be resolved simply as technical
       questions of actuarial risk or economics.     This Article
       proposes comprehensive federal civil rights legislation to
       ban discrimination based on race, color, religion, national
       origin, and sex in insurance coverage, rates, and benefits.
       It explains why previous reform efforts have failed and
       why recent developments, including the adoption of unisex
       insurance rates in Europe, could make consideration of
       such legislation in the United States timely once again.

  Using Reasonable Royalties to
    Value Patented Technology .................................... David 0. Taylor 79
         In the last several years, commentators have expressed
       serious concerns with the state of the law governing
       awards of reasonable royalties as damages in patent
       infringement cases.  Given these concerns, the proper
       assessment of royalties has been a recent, frequent topic for
       debate among economists and legal scholars. At the same
       time, all three branches of the federal government have
       studied ways to improve the law governing reasonable

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