Books by "David Ray Papke"
7 books found
This unconventional cultural history explores the lifecycle of the radical historical Jesus, a construct created by the freethinkers, feminists, socialists and anarchists who used the findings of biblical criticism to mount a serious challenge to the authority of elite liberal divines during the Gilded Age and Progressive Era.
The Santeria religion of Cuba—the Way of the Saints—mixes West AfricanYoruba culture with Catholicism. Similar to Haitian voodoo, Santeria has long practiced animal sacrifice in certain rites. But when Cuban immigrants brought those rituals to Florida, local authorities were suddenly confronted with a controversial situation that pitted the regulation of public health and morality against religious freedom. After Ernesto Pichardo established a Santeria church in Hialeah in the 1980s, the city of Hialeah responded by passing ordinances banning ritual animal sacrifice. Although on the surface those ordinances seemed general in intent, they were clearly aimed at Pichardo's church. When Pichardo subsequently sued the city, a federal court ruled in the latter's favor, in effect privileging the regulation of public health and morality over the church's free exercise of its religion. The U.S. Supreme Court heard Pichardo's appeal in 1993 and unanimously decided that the city had overstepped its bounds in targeting this particular religious group; however, the court was sharply divided regarding the basis of its decision. Three concurring opinions registered distinctly different views of the First Amendment, the limits of government regulation, and the religious freedom of minorities. In the end, the nine justices collectively concluded that freedom of religious belief was absolute while the freedom to practice the tenets of any faith were subject to non-discriminatory local regulations. David O'Brien, one of America's foremost scholars of the Court, now illuminates this controversy and its significance for law, government, and religion in America. His lively account takes us behind the scenes at every stage of the litigation to reveal a riveting case with more twists and turns than a classic whodunit. Ranging with equal ease from primitive magic to municipal politics and to the most arcane points of constitutional law, O'Brien weaves a compelling and instructive tale with a fascinating array of politicians, lawyers, jurists, civil libertarians, and animal rights advocates. Offering sharp insights into the key issues and personalities, he highlights cultural clashes large and small, while maintaining a balance for both the needs of government and the religious rights of individuals. The "Santeria case" reaffirmed that our laws must be generally applicable and neutral and may not discriminate against particular religions. Tracing the path to that conclusion, Animal Sacrifice and Religious Freedom provides a provocative and learned account of one of the most unusual and contentious religious freedom cases in American history.
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Biography of Ernie Goodman, a Detroit lawyer and political activist who played a key role in social justice cases. In a working life that spanned half a century, Ernie Goodman was one of the nation's preeminent defense attorneys for workers and the militant poor. His remarkable career put him at the center of the struggle for social justice in the twentieth century, from the sit-down strikes of the 1930s to the Red Scare of the 1950s to the freedom struggles, anti-war demonstrations, and ghetto rebellions of the 1960s and 1970s. The Color of Law: Ernie Goodman, Detroit, and the Struggle for Labor and Civil Rights traces Goodman's journey through these tumultuous events and highlights the many moments when changing perceptions of social justice clashed with legal precedent. Authors Steve Babson, Dave Riddle, and David Elsila tell Goodman's life story, beginning with his formative years as the son of immigrant parents in Detroit's Jewish ghetto, to his early ambitions as a corporate lawyer, and his conversion to socialism and labor law during the Great Depression. From Detroit to Mississippi, Goodman saw police and other officials giving the "color of law" to actions that stifled freedom of speech and nullified the rights of workers and minorities. The authors highlight Goodman's landmark cases in defense of labor and civil rights and examine the complex relationships he developed along the way with individuals like Supreme Court Justice and former Michigan governor Frank Murphy, UAW president Walter Reuther, Detroit mayor Coleman Young, and congressman George Crockett. Drawing from a rich collection of letters, oral histories, court records, and press accounts, the authors re-create the compelling story of Goodman's life. The Color of Law demonstrates that the abuse of power is non-partisan and that individuals who oppose injustice can change the course of events.
This 2002 book provides a major survey of representations of adultery in later seventeenth- and early eighteenth-century England. Bringing together a wide variety of literary and legal sources - including sermons, pamphlets, plays, diaries, periodicals, trial reports and the records of marital litigation - it documents a growing diversity in perceptions of marital infidelity in this period, against the backdrop of an explosion in print culture and a decline in the judicial regulation of sexual immorality. In general terms the book charts and explains a gradual transformation of ideas about extra-marital sex, whereby the powerfully established religious argument that adultery was universally a sin became increasingly open to challenge. The book charts significant developments in the idiom in which sexually transgressive behaviour was discussed, showing how evolving ideas of civility and social refinement and new thinking about gender difference influenced assessments of immoral behaviour.
For more than 200 years no institution has been more important to the development of the American democratic polity than the state legislature, yet no political institution has been so neglected by historians. Although more lawmaking takes place in the state capitals than in Washington D.C., scholars have lavished their attention on Congress, producing only a handful of histories of state legislatures. Most of those histories have focused on discrete legislative acts rather than on legislative process, and all have slighted key aspects of the legislative environment: the parliamentary rules of play, the employees who make the game possible, the physical setting--the arena--in which the people's representatives engage in conflict and compromise to create public policy. This book relates in fascinating detail the history of the Ohio General Assembly from its eighteenth-century origins in the Northwest Territory to its twenty-first-century incarnation as a full-time professional legislature. Democracy in Session explains the constitutional context within which the General Assembly functions, examines the evolution of legislative committees, and explores the impact of technology on political contests and legislative procedure. It sheds new light on the operations of the House and Senate clerks' offices and on such legislative rituals as seat selection, opening prayers, and the Pledge of Allegiance. Partisan issues and public policy receive their due, but so do ethics and decorum, the election of African American and female legislators, the statehouse, and the social life of the members. Democracy in Session is, in short, the most comprehensive history of a state legislature written to date and an important contribution to the story of American democracy.
The American Railway Union strike against the Pullman Palace Car Company in 1894 pitted America's largest industrial union against 24 railroads, and was broken up by federal troops and suppressed in the courts. Papke (law, Indiana U. School of Law-Indianapolis) re-examines events and personalities surrounding the strike, related proceedings in the Chicago trial courts, and the 1895 Supreme Court decision, In re Debs, which set important standards for labor injunctions. Annotation copyrighted by Book News, Inc., Portland, OR