New Books In Critical Theory

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 Gh