Judicial Territory: Law, Capital, and the Expansion of American Empire with Shaina Potts

In this episode, we sit down with Shaina Potts, author of Judicial Territory: Law, Capital, and the Expansion of American Empire (Duke University Press, 2024)—a groundbreaking book that reveals how U.S. courts have quietly become instruments of global economic governance. Drawing on legal geography and a sharp understanding of finance and political economy, Shaina uncovers how American judicial authority has extended beyond borders to discipline postcolonial states, enforce the primacy of private property, and protect the rights of foreign investors. This legal reach—what she calls judicial territory—has been a crucial, yet overlooked, pillar of U.S. empire and the liberal international order.

The conversation unpacks how doctrines like foreign sovereign immunity and the act of state doctrine have enabled courts in New York and elsewhere to shape global capital flows, often treating foreign governments like private firms. Through detailed case studies—such as a startling instance where a U.S. court orders Ghana to seize an Argentine ship—we trace the long arc of legal imperialism from the Cold War through today’s multipolar tensions. We also ask: Could China or Russia create alternative legal geographies of power? What does the future hold for judicial authority in fields like tech regulation, climate, and global finance?

GUEST BIO: Dr. Shaina Potts is an economic, legal, and political geographer and Associate Professor at UCLA. She focuses on the articulation of international political economy, geopolitics, and law. In the age of globalization, cross-border economic processes are often treated as placeless, ubiquitous flows, making nation-states and borders increasingly obsolete. Her work shows, in contrast, how transnational economic relations are inscribed in concrete and geographically specific legal and institutional practices and that states remain central to producing and governing this activity. Much of her research combines analyses of technical, economic, and legal processes with extensive historical and geopolitical contextualization to show how the perpetuation of North-South economic inequalities is shaped by the micro-operations of contracts, financial transactions, and law. A strand of her research focuses on financial geographies of sovereign debt, with a focus on debt crises in the Global South.

More on Shaina and research is available here: https://geog.ucla.edu/person/shaina-potts/

LINKS TO RESOURCES:

• Judicial Territory: Law, Capital, and the Expansion of American Empire: https://dukeupress.edu/judicial-territory
• Long-form essay on Shaina Potts' Judicial Territory by Ilias Alami: https://journals.sagepub.com/doi/10.1177/0308518X251342660
• The Spectre of State Capitalism by Ilias Alami and Adam Dixon: https://academic.oup.com/book/57552

Corporate Sovereignty Law and Government under Capitalism by Joshua Barkan - https://www.upress.umn.edu/9780816674275/corporate-sovereignty/

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