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

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/ Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

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Isabelle Dussauge, Claes-Fredrik Helgesson, and Francis Lee, “Value Practices in the Life Sciences and Medicine” (Oxford UP, 2015)

Isabelle Dussauge, Claes-Fredrik Helgesson, and Francis Lee, “Value Practices in the Life Sciences and Medicine” (Oxford UP, 2015)

Valuation is a central question in contemporary social science. Indeed the question of value has a range of academic projects associated with it, whether in terms of specific questions or in terms of emerging fora for academic publications. In Value Practices in the Life Sciences and Medicine (Oxford University Press, 2015), Isabelle Dussauge, Claes-Fredrik Helgesson, and Francis Lee bring together a range of authors to outline a new research programme. Alongside individual essays that range from the allocation of transplant organs, questions of plagiarism in science, the ownership of generically modified organisms though to desire and neuroscience, the book points to a new way to think through questions of valuation. As a result its importance moves beyond an STS audience to establish value practices as a vital framework for understanding contemporary life. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

26 Sep 201551min

Lois Lee, “Recognizing the Non-religious: Reimagining the Secular” (Oxford UP, 2015)

Lois Lee, “Recognizing the Non-religious: Reimagining the Secular” (Oxford UP, 2015)

What does non-religion mean? In a new book Recognizing the Non-Religious: Reimagining the Secular (Oxford University Press, 2015), Lois Lee, one of the editors of Secularism and Non-Religion, interrogates the role of non-religion in society, to better understand how a seemingly neutral category tells us much about the contemporary world. Positioning the research against narratives that claim society as secularized, or as increasingly post-secular, Lee’s work, along with other scholars in the Non-Religion and Secularity Research Network, shows how there are varieties of secularism and non-religion prevailing today. The book is programatic, setting out a framework for engaging with non-religion as a bodily practice, as sociality, as media and as the everyday. Moreover it offers a methodological challenge to traditions of survey research in this area. In the final chapter the book also sketches the concept of existential cultures, showing the points of intersection in the practices of the secular and non-religious, with the theistic and spiritual. The book, because it reframes our understanding of modernity itself, should be essential reading across the social sciences. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

14 Sep 201538min

Alf Gunvald Nilsen and Srila Roy, “New Subaltern Politics: Reconceptualizing Hegemony and Resistance in Contemporary India” (Oxford UPs 2015)

Alf Gunvald Nilsen and Srila Roy, “New Subaltern Politics: Reconceptualizing Hegemony and Resistance in Contemporary India” (Oxford UPs 2015)

New Subaltern Politics: Reconceptualizing Hegemony and Resistance in Contemporary India (Oxford University Press, 2015), edited by Alf Gunvald Nilsen and Srila Roy, is a wonderfully rich and theoretically coherent collection of texts that critically assess the legacies of Subaltern Studies through research into political movements in India today. The case studies range from students at elite higher education institutes shoring up their privilege, to queer activism in Kolkata, to Dalit villagers fighting land grabs, and the studies’ richness allows for a really nuanced relational understanding of subalternity, hegemony and the state that make the book a truly conceptually and ethnographically innovative collection. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

8 Sep 201537min

Liz McFall, “Devising Consumption Cultural Economies of Insurance, Credit and Spending” (Routledge, 2014)

Liz McFall, “Devising Consumption Cultural Economies of Insurance, Credit and Spending” (Routledge, 2014)

The role of financial services in individuals’ and communities’ everyday lives is more important than ever. In Devising Consumption: Cultural Economies of Insurance, Credit and Spending (Routledge, 2014), Liz McFall charts the rise of one particular element of financial services, door-to-door sales, to understand the role of insurance and credit in society. In doing so McFall aims to ‘ventriloquise the lives and consumption practices of the silent poor’, as well as charting a the history of a very neglected element of the story of finance’s role in contemporary life. The book contains a wealth of historical data, alongside a theoretical engagement with the meaning of ‘the device’ within current social theoretical literature. Moreover the book offers reflections on the role and workings of markets and states, both with regard to finance and more broadly to the government of social life. The combination of these perspectives offers an important new lens through which to understand the sociology of consumption and thus, more generally, the social world itself. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

2 Sep 201546min

William Davies, “The Happiness Industry: How the Government and Big Business Sold Us Well-Being” (Verso, 2015)

William Davies, “The Happiness Industry: How the Government and Big Business Sold Us Well-Being” (Verso, 2015)

Are you happy? In his new book The Happiness Industry: How the Government and Big Business Sold Us Well-Being (Verso, 2015), William Davies, a senior lecturer at Goldsmiths’ College, University of London, critically investigates this question. The book offers skepticism towardsthe demand that economy and society be happy, skepticism founded in an interrogation of the practices of contemporary government and businesses. A whole range of our everyday experiences, including ‘nudges’ for citizens and staff, the perverse incentives of metrics, through tothe consequences of how psychiatry classifies depression, are subject to critical scrutiny.Moreover, the book acts as a primer on economics, psychology and organizational theory, clearly articulating the roots and the consequences of our current economic and social settlement. The book concludes with the possibility of a more democratic way of organizing the world, in contrast to our impersonal, oppressive, and data driven present. Dr Davies is a co-director of Goldsmiths’ Political Economy Research Centre and blogs at Potlatch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

18 Aug 201544min

Christopher Vitale, “Networkologies: A Philosophy of Networks for a Hyperconnected Age” (Zero Books, 2014)

Christopher Vitale, “Networkologies: A Philosophy of Networks for a Hyperconnected Age” (Zero Books, 2014)

Networks seem to be the dominant metaphor for contemporary society. In Networkologies: A Philosophy of Networks for a Hyperconnected Age (Zero Books, 2014), Christopher Vitale sets out a manifesto for understanding and using networks as the basis of a new philosophy. The book draws on continental philosophy, complex systems theory and a range of other elements to both introduce and contextualise, as well as present, the networkology manifesto. The book explores what networks are, how they emerge, how they change and how they are resilient (or not). The book intervenes in the contemporary interest in networks and will thus be of interest beyond just the critical theoretical disciplines. The text is also part of a much broader networkological project, including an original iteration of the manifesto and several papers. You can find out more about the project here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

12 Aug 201543min

Craig Martin, “Capitalizing Religion: Ideology and the Opiate of the Bourgeoisie” (Bloomsbury, 2014)

Craig Martin, “Capitalizing Religion: Ideology and the Opiate of the Bourgeoisie” (Bloomsbury, 2014)

Whether you need help being more focused at work, are having a spiritual crisis, or want to understand how you can change your inner self for the better, the popular self-help and spiritual well-being market has got you covered. In Capitalizing Religion: Ideology and the Opiate of the Bourgeoisie (Bloomsbury, 2014), Craig Martin, Associate Professor of Religious Studies St. Thomas Aquinas College, examines the rhetoric of individualism at root in these works and popular conceptions of ‘spirituality’ or individual religion. He demonstrates that individual religion has been placed within sets of dichotomies, communal vs. individual, tradition vs. choice, organized religion vs. spirituality, that establish the continuing conversations about contemporary spirituality. Overall, he argues that many spirituality and related self-help discourses recommend quietism, consumerism, and worker productivity, which reproduce the status quo within neoliberal capitalism. In our conversation we discuss the relationship between individuals and communities, the role of human agency, experience, ideology, contemporary fiction, Durkheim, William James, Karl Marx, Louis Althusser, and the joys of reading Deepak Chopra. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

4 Aug 20151h 2min

Alexander Etkind, “Warped Mourning: Stories of the Undead in the Land of the Unburied” (Stanford UP, 2013)

Alexander Etkind, “Warped Mourning: Stories of the Undead in the Land of the Unburied” (Stanford UP, 2013)

Theoretical and historical accounts of postcatastrophic societies often discuss melancholia and trauma at length but leave processes of mourning underexplored. In Warped Mourning: Stories of the Undead in the Land of the Unburied (Stanford UP, 2013), Alexander Etkind shows why mourning is more conducive to cultural analysis. Where trauma is unsymbolized and melancholia is contained within the self, mourning is often an address to the other.Mourning might entail attempts to remember, creatively work through, and make manifest losses in poetry, memorials, histories, painting, and other art forms.Without access to the unconscious, cultural historians can only engage what has already been represented and written — that which has materiality and symbolic richness.Individual and mutigenerational testaments and rituals of mourning — warped, haunted, and incomplete — are all that scholars have available. Warped Mourning is about how three generations spanning the Soviet and post-Soviet periods have mourned the millions who perished in the Terror, the Stalinist political repressions of the 1930s.Etkind peruses a broad array of writings and artifacts, offering interpretations inflected by insights from psychoanalysis and critical theory.Autobiographies, fiction, film, visual art, academic writings, and sites of memory like monuments contribute to a complex rendering of the work and evolution of mourning: from the mimetic and demetaphorized (potentially deadly) performative acts in the 1950s by those who directly experienced the gulag, to the still traumatized and politicized mourning by their children in the 1960s and 1970s, and, finally, to the more estranged or distanced remembrances of the post-Soviet years and today. Etkind argues that the killings and torture of the Soviet period were not fully worked through for a number of reasons: the gulag was state violence (and the state controlled public mourning), the division between perpetrators and victims was far from clear, and mourning the persecuted eventually became entwined with mourning the ideas of communism.Unfinished mourning and consequent improper burial and recognition of purge victims produced a culture replete with specters and uncanny monsters.The unpaid debt to the dead also created a strange temporality.Until recently, perhaps, Russia’s present has been flooded by the past.In the absence of proper monuments or sufficient memory making, history haunts Russia, propelling its politics and shaping its narratives with an immediacy and force unknown in the West. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

26 Juli 201550min

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