Bonnieview v. Woodmont: Court Sorts out Environmental Liability between Homeowners and Developers

Bonnieview Homeowners Ass’n v. Woodmont Builders, LLC,—F. Supp. 2d—, No. Civ. A. 03CV4317(DRD), 2009 WL 2999355 (D.N.J. Sept. 22, 2009), was a suit brought by a homeowners’ association and its individual members against the developers of the property where their homes were located and the municipality. In a recent opinion, the United States District Court for the District of New Jersey made several important rulings applying federal and state environmental statutes and common law. First, the developers were potentially liable to plaintiffs under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), where their soil grading and stockpiling activities distributed previously contaminated soil around the site, which had been used as a fruit orchard. Second, however, the court prohibited plaintiffs from recovering under CERCLA or New Jersey's Spill Compensation and Control Act (Spill Act) because they had not incurred any environmental cleanup costs compensable under the two statutes. Third, plaintiffs were innocent purchasers not subject to CERCLA liability under a 2002 amendment to the statute. A negligence claim against the municipality failed, however, because the municipality owed no duty of care to plaintiffs. The court also assessed plaintiffs' other federal and state statutory and common law claims.     

The New Geo-Economics of a “Rising” India: State Transformation and the Recasting of Foreign Policy

With a focus on India, and drawing on critical scholarship on geo-politics and geo-economics and “relational” state theories, this article examines the ways in which ideational and material processes of state transformation have shaped India’s international engagement in different periods. Prior to 1991, geo-political social forms linked to a national developmentalist state project shaped India’s engagement with global and regional multilateralism and the nature of this engagement fluctuated according to shifts in the legitimacy and viability of this state project. The erosion of the developmentalist state project from the 1970s laid the path for a deeper shift in the national social order in the 1990s with the recasting of statehood wherein India’s future was thought to be best secured through policies of economic openness, growth and competitiveness. This shift in India’s state project has given rise to new forms of global and regional engagement that are distinct to older forms of international engagement and reflect and further processes of state transformation in India. This is illustrated through a case study on energy policy.     

The case of the ‘other India’ and Indian ir scholarship

ir scholarship in India has focused on the borders, territory and sovereignty of the Indian state, overlooking the rich complexity of interior border formation between colonial and independent India. The paper argues that the study of the princely states under the British paramountcy (1858–1947), neglected so far, is valuable to ir scholarship on three grounds. First, in mapping colonial India’s engagement with the outside world, the focus has been solely on British India. The princes were equally participative and perceptive of the outside world. Second, the princely states represent yet another challenge to the Westphalian notion of sovereignty, demonstrating the limited capacity of European categories to understand the ‘non-West’. Third, incorporating the paramountcy system in the genealogy of sovereignty of the Indian subcontinent offers a fresh account of border construction inside the state.     

The legitimation of local knowledges: introducing the postmodern into laboratory science

The idea that science simply mirrors nature has been challenged by postmodernism that has considered the way it contructs the world, our bodies and identities. But such criticisms, apart from the odd exception, have been directed at science in general with little insight or attention to actual empirical procedures that take place in laboratories, for example. This article investigates the idea that Enlightenment is not redundant, and that in fact laboratory procedures are not so different to those used in the humanities. The article shows that scientific procedure shares much with the way narratologists might analyse story. It likens representations of cancer development and cell cycles to the narratological models used by Barthes and Greimas. Science does not so much make nature reveal its secrets but offers an epistemological opportunity for examination, expression and ultimately creativity.     

Does Child Undernutrition Persist Despite Poverty Reduction in Developing Countries? Quantile Regression Results

The eradication of child undernutrition and extreme poverty are important objectives for most societies. Countries with higher national incomes usually improve in both dimensions, but not always at the same rate. Using quantile regression, we show that poverty rates tend to decline with increased income at a roughly constant elasticity. In contrast, while the prevalence of child wasting declines at that same elasticity where it is most widespread, the elasticity becomes smaller as wasting becomes less prevalent. This finding suggests a greater need for increasingly targeted interventions to achieve a given reduction in undernutrition as its prevalence declines.     

Sustainable citizenship for a technological world: negotiating deliberative dialectics

Incorporating the notion of sustainability is the biggest challenge for citizenship in a technological era. Existing conceptions of citizenship have not been able to grapple with compounded ecological, economic, cultural, and moral threats facing modern technology-infused societies. Nor has increased public participation, engagement, and dialogue resolved polarized positions on issues such as what constitutes quality of life or what is meant by the integrity of nature. This paper draws on the scholarship of both sustainability and citizenship to propose a framework of sustainable citizenship that seeks to emphasize shared values through a deliberated clash of ideas. Such a framework involves a negotiation of the dialectics of rights and responsibilities, state and non-state, public and private, human and non-human nature, universal and particular, and democracy and capitalism. The paper illustrates how sustainable citizenship can be applied to deal with contentious political and policy issues of new and emerging technologies.