Theda Perdue

Michael D. Green

This book begins with the emergence of peoples in North America and traces their stories to the beginning of the early twenty-first century. The narrative rests on the premise that indigenous nations retain sovereign rights, and it explores the ways in which contests over those rights shaped their histories.

North American Indians: A Very Short Introduction

Helmut Koziol

Ken Oliphant

Mark Lunney

Lixin Yang

Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume’s comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.

Fundamental Questions in a Comparative Perspective

PRODUCT LIABILITY

When Europeans first arrived in North America, between five and eight million indigenous people were already living there. But how did they come to be here? What were their agricultural, spiritual, and hunting practices? How did their societies evolve and what challenges do they face today? Eminent historians Theda Perdue and Michael Green begin by describing how nomadic bands of hunter-gatherers followed the bison and woolly mammoth over the Bering land mass between Asia and what is now Alaska between 25,000 and 15,000 years ago, settling throughout North America. They describe hunting practices among different tribes, how some made the gradual transition to more settled, agricultural ways of life, the role of kinship and cooperation in Native societies, their varied burial rites and spiritual practices, and many other features of Native American life. Throughout the book, Perdue and Green stress the great diversity of indigenous peoples in America, who spoke more than 400 different languages before the arrival of Europeans and whose ways of life varied according to the environments they settled in and adapted to so successfully. Most importantly, the authors stress how Native Americans have struggled to maintain their sovereignty--first with European powers and then with the United States--in order to retain their lands, govern themselves, support their people, and pursue practices that have made their lives meaningful. Going beyond the stereotypes that so often distort our views of Native Americans, this Very Short Introduction offers a historically accurate, deeply engaging, and often inspiring account of the wide array of Native peoples in America. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

Documents the 1830s policy shift of the U.S. government through which it discontinued efforts to assimilate Native Americans in favor of forcibly relocating them west of the Mississippi, in an account that traces the decision's specific effect on the Cherokee Nation, U.S.-Indian relations, and contemporary society.

The Cherokee Nation and the Trail of Tears

Marc A. Franklin

Robert L. Rabin

Cases and Materials

Tort Law and Alternatives

The Cherokee Removal of 1838-1839 unfolded against a complex backdrop of competing ideologies, self-interest, party politics, altruism, and ambition. Using documents that convey Cherokee voices, government policy, and white citizens' views, Theda Perdue continues to present a multifaceted account of this complicated moment in American history. The third edition features new documents, including two contemporary newspaper articles and an interview with a former Cherokee slave. In addition, a new section allows readers to reflect on the legacy of the Trail of Tears and those affected by it. The introduction provides students with succinct historical background. Document headnotes contextualize the selections and draw attention to historical methodology. To aid students' investigation of this compelling topic, the map and the chronology of the Cherokee Removal have been augmented by new questions for consideration and a selected bibliography.--

A Brief History with Documents

The Cherokee Removal

Israel Gilead

Bernhard A. Koch

Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.

Michael D. Green

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