Since it first appeared in 1960, The Supreme Court Review (SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.

This year’s volume features incisive assessments of major legal events, including:

Cristina M. Rodríguez on the Political Significance of Law
Martha Minow on Little Sisters of the Poor
Cass R. Sunstein and Adrian Vermeule on the Unitary Executive
Cary Franklin on Living Textualism
David A. Strauss on Sexual Orientation and the Dynamics of Discrimination
Saikrishna Bangalore Prakash on the Executive’s Privileges and Immunities
Reva B. Siegel on Abortion Restrictions
Maggie Blackhawk on McGirt v. Oklahoma
Richard J. Lazarus on Advocacy History

A data-rich examination of the US Supreme Court's unprecedented detachment from the democratic processes that buttress its legitimacy.

Today’s Supreme Court is unlike any other in American history. This is not just because of its jurisprudence but also because the current Court has a tenuous relationship with the democratic processes that help establish its authority. Historically, this “democracy gap” was not nearly as severe as it is today. Simply put, past Supreme Courts were constructed in a fashion far more in line with the promise of democracy—that the people decide and the majority rules.

Drawing on historical and contemporary data alongside a deep knowledge of court battles during presidencies ranging from FDR to Donald Trump, Kevin J. McMahon charts the developments that brought us here. McMahon offers insight into the altered politics of nominating and confirming justices, the shifting pool of Supreme Court hopefuls, and the increased salience of the Court in elections. A Supreme Court Unlike Any Other is an eye-opening account of today’s Court within the context of US history and the broader structure of contemporary politics.

The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life.

Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks.

Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.

A compelling merger of biography and sports history, Surf and Rescue brings to light the forgotten figure whose novel way of seeing the beach sparked the imaginations of people around the world.

The urge to ride a wave, the search for the next perfect swell, is an enduring preoccupation that draws people to coastlines around the world. In recent decades, surfing has grown into a multimillion-dollar industry with over three million surfers in the United States alone and an international competitive circuit that draws top surfers to legendary beaches in Hawaii, California, and Australia. But away from the crowds and the hype, dedicated surfers catch waves in places like the Texas Gulf Coast for the pure pleasure of being in harmony with life, their sport, and the ocean. Kenny Braun knows that primal pleasure, as both a longtime Texas surfer and a fine art photographer who has devoted years to capturing the surf culture on Texas beaches. In Surf Texas, he presents an eloquent photo essay that portrays the enduring fascination of surfing, as well as the singular and sometimes unexpected beauty of the coast.

Texas is one of the top six surfing states in America, and Braun uses evocative black-and-white photography to reveal the essence of the surfers’ world from Galveston to South Padre. His images catch the drama of shooting the waves, those moments of skill and daring as riders rip across the breaking face, as well as the downtime of bobbing on swells like seabirds and hanging out on the beach with friends. Braun also photographs the place—beaches and dunes, skies and storms, surf shops, motels, and parking lots—with a native’s knowing eye for defining details. Elegant and timeless, this vision of the Texas Coast is redolent of sea breezes and salt air and the memories and dreams they evoke. Surfer or not, everyone who feels the primeval attraction of wind and waves will enjoy Surf Texas.

Surface Structure provides a complete and up-to-date exposition of a major variant of the Chomskian theory of language: the so-called Revised Extended Standard Theory. Robert Fiengo presents the theory in a clear and succinct way and shows how many of the leading ideas in the theory can be deepened and strengthened. It is Fiengo's central thesis that there is a syntactic level—surface structure—which constitutes the interface between syntactic, lexical, morphological and semantic components of the grammar. This thesis is defended across a broad range of problems in English grammar, resulting in a significant increase in the empirical coverage of the theory.

Although not a polemical work, Fiengo's book addresses many of the current controversies in linguistics and presents a rationale for guiding choices among competing theories. At a time when linguistic theories appear to be diverging in an explosive fashion, this lucid and current discussion is precisely what is needed.

Surgical Anatomy of the Head and Neck was immediately hailed as indispensable when it was first published in 2001. In demand ever since, this classic surgical atlas—packed with more than 700 exceptional drawings, 537 of them in full color, by an internationally noted medical illustrator—is now available again, with an extensive new index, after years of being out of print.

Here is a surgeon’s-eye view of all anatomic details, from the upper thorax to the crown. Ideal for both surgery and test preparation, this volume features special boxed sections that focus on the surgical significance of each anatomical structure. Every illustration is clearly labeled with key anatomic landmarks, and a user-friendly design allows quick reference. This volume is an invaluable resource for surgeons, residents, and medical students.

September 11, 2001, distinguished Cold War historian John Lewis Gaddis argues, was not the first time a surprise attack shattered American assumptions about national security and reshaped American grand strategy. We've been there before, and have responded each time by dramatically expanding our security responsibilities.

The pattern began in 1814, when the British attacked Washington, burning the White House and the Capitol. This early violation of homeland security gave rise to a strategy of unilateralism and preemption, best articulated by John Quincy Adams, aimed at maintaining strength beyond challenge throughout the North American continent. It remained in place for over a century. Only when the Japanese attacked Pearl Harbor in 1941 did the inadequacies of this strategy become evident: as a consequence, the administration of Franklin D. Roosevelt devised a new grand strategy of cooperation with allies on an intercontinental scale to defeat authoritarianism. That strategy defined the American approach throughout World War II and the Cold War.

The terrorist attacks of 9/11, Gaddis writes, made it clear that this strategy was now insufficient to ensure American security. The Bush administration has, therefore, devised a new grand strategy whose foundations lie in the nineteenth-century tradition of unilateralism, preemption, and hegemony, projected this time on a global scale. How successful it will be in the face of twenty-first-century challenges is the question that confronts us. This provocative book, informed by the experiences of the past but focused on the present and the future, is one of the first attempts by a major scholar of grand strategy and international relations to provide an answer.

When we are startled by the new, confronted with discrepancies, our knowing gives way to uncertainty—and changes. In the distinctive manner that has made him one of the most influential forces in developmental psychology, Jerome Kagan challenges scientific commonplaces about mental processes, pointing in particular to the significant but undervalued role of surprise and uncertainty in shaping behavior, emotion, and thought.

Drawing on research in both animal and human subjects, Kagan presents a strong case for making qualitative distinctions among four different types of mental representation—perceptual schemata, visceral schemata, sensorimotor structures, and semantic networks—and describes how each is susceptible to the experience of discrepancy and the feeling of surprise or uncertainty. The implications of these findings are far-reaching, challenging current ideas about the cognitive understandings of infants and revealing the bankruptcy of contemporary questionnaire-based personality theory. More broadly, Kagan’s daring, thoroughly informed, and keenly reasoned book demonstrates the risks of making generalizations about human behavior, in which culture, context, and past experience play such paramount and unpredictable roles.

In Surprised by Shame, Deborah A. Martinsen combines shame studies and literary criticism. She begins with a discussion of shame dynamics, including the tendency of those who witness shame to feel shame themselves. Because Dostoevsky identified shame as a fundamental source of lying, Martinsen focuses on scenes when liars are exposed. She argues that by making readers witness such scandal scenes, Dostoevsky surprises them with shame, thereby collapsing the distance between readers and characters and viscerally involving them in his message of human interconnection.

Treating Dostoevsky’s liars as case studies, Surprised by Shame discusses varieties of shame and shamelessness; it also illustrates how Dostoevsky uses lying to indicate and expose subconscious processes. In addition, Martinsen demonstrates how Dostoevsky plucks shame from the realm of character trait and plot motive and embeds it in the narrative dynamics of The Idiot, Demons, and The Brothers Karamazov, thereby plunging readers into fictional experience and ethically transforming them.

By focusing on shame, this book uncovers new perspectives on Dostoevsky as writer and psychologist. By exposing how shame dynamics implicate readers in texts’ ethical actions, it enriches understanding of his tremendous influence on twentieth-century thinkers and writers. Finally, reading Dostoevsky as a prophet of shame-begotten violence reveals his universal relevance in a twenty-first century already scarred by acts of violence.

In 1967 the world of Milton studies was divided into two armed camps: one proclaiming (in the tradition of Blake and Shelley) that Milton was of the devil's party with or without knowing it, the other proclaiming (in the tradition of Addison and C. S. Lewis) that the poet's sympathies are obviously with God and the angels loyal to him.

The achievement of Stanley Fish's Surprised by Sin was to reconcile the two camps by subsuming their claims in a single overarching thesis: Paradise Lost is a poem about how its readers came to be the way they are--that is, fallen--and the poem's lesson is proven on a reader's impulse every time he or she finds a devilish action attractive or a godly action dismaying.

Fish's argument reshaped the face of Milton studies; thirty years later the issues raised in Surprised by Sin continue to set the agenda and drive debate.

For Mary Ann Caws—noted translator of surrealist poetry—the most appealing translations are also the oddest; the unexpected, unpredictable, and unmimetic turns that translations take are an endless source of fascination and instruction. Surprised in Translation is a celebration of the occasional and fruitful peculiarity that results from some of the most flavorful translations of well-known authors. These translations, Caws avers, can energize and enliven the voice of the original.

In eight elegant chapters Caws reflects on translations that took her by surprise. Caws shows that the elimination of certain passages from the original—in the case of Stéphane Mallarmé translating Tennyson, Ezra Pound interpreting the troubadours, or Virginia Woolf rendered into French by Clara Malraux, Charles Mauron, and Marguerite Yourcenar—often produces a greater and more coherent art. Alternatively, some translations—such as Yves Bonnefoy’s translations of Shakespeare, Keats, and Yeats into French—require more lines in order to fully capture the many facets of the original. On other occasions, Caws argues, a swerve in meaning—as in Beckett translating himself into French or English—can produce a new text, just as true as the original. 

Imbued with Caws’s personal observations on the relationship between translators and the authors they translate, Surprised in Translation will interest a wide range of readers, including students of translation, professional literary translators, and scholars of modern and comparative literature.

The “free market” has been a hot topic of debate for decades. Proponents tout it as a cure-all for just about everything that ails modern society, while opponents blame it for the very same ills. But the heated rhetoric obscures one very important, indeed fundamental, fact—markets don’t just run themselves; we create them.

Starting from this surprisingly simple, yet often ignored or misunderstood fact, Alex Marshall takes us on a fascinating tour of the fundamentals that shape markets and, through them, our daily economic lives. He debunks the myth of the “free market,” showing how markets could not exist without governments to create the structures through which we assert ownership of property, real and intellectual, and conduct business of all kinds. Marshall also takes a wide-ranging look at many other structures that make markets possible, including physical infrastructure ranging from roads and railroads to water systems and power lines; mental and cultural structures such as common languages and bodies of knowledge; and the international structures that allow goods, services, cash, bytes, and bits to flow freely around the globe.

Sure to stimulate a lively public conversation about the design of markets, this broadly accessible overview of how a market economy is constructed will help us create markets that are fairer, more prosperous, more creative, and more beautiful.

Some of the best-known Biblical episodes are found in the story of David’s rise to kingship in First and Second Samuel. Why was this series of stories included in the Bible? An answer that has become increasingly popular is that this narrative should be interpreted as the “apology of David,” that is, the personal justification of King David against charges that he illegitimately usurped Saul’s throne. Comparisons between “the History of David’s Rise” and the Hittite “Apology of Hattušili,” in particular, appear to support this view that the Biblical account belongs to the genre of ancient Near Eastern royal apology.

Having presented this approach, Randall Short argues that the Biblical account has less in common with the Hittite apology than scholars have asserted, and he demonstrates how interpretive assumptions about the historical reality behind the text inform the meaning that these scholars discern in the text. His central contention is that this story should not be interpreted as the personal exoneration of David composed to win over suspicious readers. Rather, composed for faithful readers represented by David, the story depicts the dramatic confirmation of David’s surprising election through his gradual emergence as the beloved son of Jesse, Saul, all Israel, and yhwh Himself.

In the decades between the two World Wars, Greek writers and artists adopted surrealism both as an avant-garde means of overturning the stifling traditions of their classical heritage and also as a way of responding to the extremely unstable political situation in their country. Despite producing much first-rate work throughout the rest of the twentieth century, Greek surrealists have not been widely read outside of Greece. This volume seeks to remedy that omission by offering authoritative translations of the major works of the most important Greek surrealist writers.

Nikos Stabakis groups the Greek surrealists into three generations: the founders (such as Andreas Embirikos, Nikos Engonopoulos, and Nicolas Calas), the second generation, and the Pali Group, which formed around the magazine Pali. For each generation, he provides a very helpful introduction to the themes and concerns that animate their work, as well as concise biographies of each writer. Stabakis anthologizes translations of all the key surrealist works of each generation—poetry, prose, letters, and other documents—as well as a selection of rarer texts. His introduction to the volume places Greek surrealism within the context of the international movement, showing how Greek writers and artists used surrealism to express their own cultural and political realities.

Beginning in Paris in the 1920s, women poets, essayists, painters, and artists in other media have actively collaborated in defining and refining surrealism's basic project—achieving a higher, open, and dynamic consciousness, from which no aspect of the real or the imaginary is rejected. Indeed, few artistic or social movements can boast as many women forebears, founders, and participants—perhaps only feminism itself. Yet outside the movement, women's contributions to surrealism have been largely ignored or simply unknown.

This anthology, the first of its kind in any language, displays the range and significance of women's contributions to surrealism. Letting surrealist women speak for themselves, Penelope Rosemont has assembled nearly three hundred texts by ninety-six women from twenty-eight countries. She opens the book with a succinct summary of surrealism's basic aims and principles, followed by a discussion of the place of gender in the movement's origins. She then organizes the book into historical periods ranging from the 1920s to the present, with introductions that describe trends in the movement during each period. Rosemont also prefaces each surrealist's work with a brief biographical statement.

Spike Gillespie tells it like it is. Whether she's writing about men, mothering or money, she cuts to the chase, unabashedly recounting the exhilaration and uncertainty she is forever encountering along the odd path that is her life. Gillespie approaches her subjects with a keen eye for curious details and a readiness to ask hard questions and give honest, even brutal, answers. Her willingness to "put it all down—the painful, the funny, the mundane, the embarrassing" has won legions of readers for her print and online columns.

Surrender (But Don't Give Yourself Away) collects forty-six essays, which initially appeared in such publications as the Washington Post, Austin Chronicle, Dallas Morning News, Bust, Gargoyle, and thecommonspace.org. As Gillespie describes them, "There are odes to my good days and bad, to trips I've taken—both real and metaphorical, to holiness found in unexpected places, to men I have not slept with, to learning to live sober. Too, there are miscellaneous ruminations on my alter-ego, my inner-teen, the floor mat in my car, a dead squirrel in the road." Binding these pieces is the thread of hope: there are moments the thread slips out of view only to resurface in some unexpected location. Sometimes it takes awhile, but Gillespie always relocates hope, discovering even in her darkest times that life is full of an embarrassment of riches.

With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements

A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy.

A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants.

In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.

Surrogate Warfare explores the emerging phenomenon of “surrogate warfare” in twenty-first century conflict. The popular notion of war is that it is fought en masse by the people of one side versus the other. But the reality today is that both state and non-state actors are increasingly looking to shift the burdens of war to surrogates. Surrogate warfare describes a patron's outsourcing of the strategic, operational, or tactical burdens of warfare, in whole or in part, to human and/or technological substitutes in order to minimize the costs of war. This phenomenon ranges from arming rebel groups, to the use of armed drones, to cyber propaganda. Krieg and Rickli bring old, related practices such as war by mercenary or proxy under this new overarching concept. Apart from analyzing the underlying sociopolitical drivers that trigger patrons to substitute or supplement military action, this book looks at the intrinsic trade-offs between substitutions and control that shapes the relationship between patron and surrogate. Surrogate Warfare will be essential reading for anyone studying contemporary conflict.

“John Stratton Hawley miraculously manages to braid the charged erotic and divine qualities of Krishna, the many-named god, while introducing us—with subtle occasional rhyme—to a vividly particularized world of prayers and crocodile earrings, spiritual longing and love-struck bees.”
—Forrest Gander, winner of the Pulitzer Prize for Poetry

An award-winning translation of Hindi verses composed by one of India’s treasured poets.

The blind poet Surdas has been regarded as the epitome of artistry in Hindi verse from the end of the sixteenth century, when he lived, to the present day. His fame rests upon his remarkable refashioning of the widely known narrative of the Hindu deity Krishna and his lover Radha into lyrics that are at once elegant and approachable. Surdas’s popularity led to the proliferation, through an energetic oral tradition, of poems ascribed to him, known collectively as the Sūrsāgar.

This award-winning translation reconstructs the early tradition of Surdas’s verse—the poems that were known to the singers of Surdas’s own time as his. Here Surdas stands out with a clarity never before achieved.

Surdas has been regarded as the epitome of artistry in Old Hindi religious poetry from the end of the sixteenth century, when he lived, to the present day. His fame rests upon his remarkable refashioning of the widely known narrative of the cowherd deity Krishna and his lover Radha into lyrics that are at once elegant and approachable. Surdas’s popularity led to the proliferation, through an energetic oral tradition, of poems ascribed to him, known as the Sūrsāgar.

Sur’s Ocean: Poems from the Early Tradition presents a dramatically new edition in Devanagari script and a lyrical English translation. This remarkable volume reconstructs the early tradition of Surdas’s verse—the 433 poems that were known to the singers of Surdas’s own time as his. Here Surdas stands out with a clarity never before achieved.

The Murty Classical Library of India makes available original texts and modern English translations of the masterpieces of literature and thought from across the whole spectrum of Indic languages over the past two millennia in the most authoritative and accessible formats on offer anywhere.