Category Archives: Academic Articles

Fifty Shades of International Commercial Arbitration (ICA) – by Chinwe Egbunike-Umegbolu

The Case of Developing Nations

ABSTRACT

Over the years, the constant desire for justice, peace and the best interest of parties, especially in commercial disputes, has driven the course of conflict management from the traditional litigation formula towards negotiation, mediation, conciliation and arbitration. 

In developing nations, the drift towards international arbitration is becoming a stronger and more regular terrain. In light of this, a debatable pertinent question to answer is whether this trend undermines the capacity of developing nations from developing robust legal systems and infringe upon the rule of law?

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Impact of Bullying on Neurodivergent Individuals – by Linda Crockett, Debanjan Borthakur

Introduction

Inclusive environments that promote growth, collaboration, and innovation are the intended purpose of workplace and academic settings. However, for neurodivergent individuals, these spaces can often lead to distress. This article aims to explore the specific challenges faced by neurodivergent individuals in these environments, focusing on the bullying and discrimination they encounter, the assumptions made about their capabilities, and the compounded injuries they suffer due to their unique sensitivities. It also emphasizes the potential of neurodivergent individuals to contribute significantly to society when given the proper support and understanding. Even for people with mental health conditions, it’s reported that they face more microaggressions from friends, family, and professionals [1]. 

Defining Neurodivergence

Neurodiversity, encompassing a range of conditions such as autism, ADHD, and dyslexia, represents a vital aspect of human cognitive diversity. It’s important to recognize that neurodiverse individuals often exhibit unique strengths and perspectives that can be highly beneficial in certain professions, especially in sectors like technology [2]. For instance, people with ADHD might exhibit deficiencies in time management [3], concentration, attention, and self-regulation difficulties [4], and challenges with teamwork [5]. However, they may also demonstrate strengths in creative thinking​ [6], visual-spatial reasoning abilities​ [7] and possess traits like hyperfocus, passion, and courage [8].

Organizations that actively recruit, retain, and support neurodivergent employees gain a competitive advantage by embracing diverse skills, unique perspectives, and innovative problem-solving approaches. However, neurodivergent individuals still encounter substantial barriers in the workplace, such as high unemployment rates and pervasive discrimination. Underutilizing the potential of neurodivergent talent not only hinders these individuals’ abilities and aspirations but also deprives organizations of valuable opportunities to enhance their workforce. Additionally, neurodivergent individuals often experience heightened sensitivities to sensory inputs, such as noise, lighting, and other environmental stimuli, which can significantly impact their comfort and productivity. The following provides a list of sensory example: 

  • Eye Contact: Some neurodivergent individuals find direct eye contact uncomfortable or overwhelming. Unfortunately, people unfamiliar with neurodivergence often misinterpret the absence of eye contact.
  • Communication Style: Neurodivergent individuals might have unique communication styles, such as requiring additional time to process thoughts before responding, using filters to manage their verbal output, or preferring written communication over verbal interactions. They may overlook minor, irrelevant details in instructions, which can lead to criticism from overly meticulous supervisors—a behavior often viewed as one of the poorest leadership styles.
  • Sensory Sensitivities: This includes heightened sensitivity to tactile stimuli (e.g., discomfort with certain textures or fabrics), auditory stimuli (e.g., difficulty with loud or sudden noises), and visual stimuli (e.g., bright or flashing lights). To accommodate sensory sensitivities, organizations, and educational institutions should provide quiet spaces, control lighting, and noise levels, and allow for the use of sensory aids such as noise-canceling headphones. These adjustments help create a more comfortable and inclusive environment for neurodivergent individuals.
  • Need for Routine: Changes in routine or unexpected events can be particularly stressful for some neurodivergent individuals, leading to anxiety or distress. To mitigate stress from changes in routine or unexpected events, providing advance notice and clear communication about upcoming changes can be helpful. Additionally, implementing flexible scheduling and offering personalized support plans can assist neurodivergent individuals in managing their anxiety and adapting more comfortably to new situations.
  • Focused Interests: Some neurodivergent individuals may focus intensely on specific topics or activities, which can be both a strength and a source of misunderstanding in social or professional contexts. Encouraging these focused interests in relevant projects or tasks can harness their strengths and enhance their contributions. Providing opportunities for neurodivergent individuals to share their expertise with colleagues or classmates can foster understanding and appreciation of their unique skills.

Discrimination and Assumptions

  • Stereotyping and Misunderstanding: Neurodivergent individuals are often subject to stereotypes and misunderstandings. They may perceive a person or people who are neurodivergent as challenging to manage, less competent, or needing excessive accommodations. To address these misconceptions, implementing comprehensive diversity and inclusion training for all staff can help dispel stereotypes and foster a more inclusive culture. Additionally, establishing clear communication channels and providing regular feedback ensures that neurodivergent individuals are evaluated based on their performance and contributions. Creating a supportive environment with mentors or allies can also help neurodivergent individuals navigate challenges and showcase their strengths effectively.
  • Exclusion and Unfair Evaluations: These assumptions can lead to exclusion from critical projects, social isolation, and unfair performance evaluations. To counteract this, implementing blind evaluation processes for project assignments can ensure that opportunities are based on merit rather than biases. Encouraging team-building activities and inclusive social events can help integrate neurodivergent individuals into the organization’s social fabric. Additionally, providing diversity and sensitivity training for managers and peers can promote a better understanding of neurodivergence, leading to fairer performance evaluations and more equitable treatment.

Microaggressions and Overt Bullying

  • Microaggressions: Microaggressions, such as dismissive comments or subtle exclusion, can be as damaging as overt bullying. These behaviors create a hostile environment that undermines the confidence and mental well-being of neurodivergent individuals.
  • Overt Bullying: Overt bullying can include public humiliation, excessive scrutiny, and verbal or physical abuse, which can have severe psychological impacts. Establishing strict anti-bullying policies and precise reporting mechanisms will ensure we promptly and effectively address these issues. Regular training on recognizing and preventing microaggressions and overt bullying can foster a more respectful and supportive environment. Furthermore, creating a confidential support system, such as access to mental health resources and peer support groups, can provide neurodivergent individuals with the assistance they need to cope with these challenges. Additionally, leveraging resources from subject experts can enhance understanding and support for affected individuals.

Sensitivity and Trauma

  • Heightened Sensitivities: Many neurodivergent individuals have heightened sensitivities to sensory stimuli. Environments with loud noises, bright lights, or strong smells can be overwhelming and distressing. These sensitivities can exacerbate the impact of bullying, as neurodivergent individuals may have a lower threshold for stress and anxiety.
  • Psychosocial Impact: The stress of navigating a hostile environment can lead to severe mental health issues, including anxiety, depression, and PTSD. Even children with ASD may be more likely to experience traumatic and stressful life events than their typically developing peers [9]. The constant need to mask or camouflage their differences can lead to burnout and emotional exhaustion. To mitigate these effects, providing access to professional mental health services and offering regular mental health check-ins can be beneficial. Encouraging open dialogue about mental health and neurodiversity can also reduce stigma and create a more supportive environment.
  • Rejection and Social Exclusion: Rejection and social exclusion can reinforce feelings of inadequacy and self-doubt, further impacting mental health. To address this, fostering inclusive social activities and creating support networks or affinity groups for neurodivergent individuals can help build a sense of belonging. Implementing mentorship programs can also provide neurodivergent individuals with guidance and encouragement, helping them navigate social and professional challenges more effectively.

Injuries and Consequences

  • Mental Health Decline: The combination of bullying and environmental stressors can lead to a significant decline in mental health. Neurodivergent individuals may experience increased anxiety, depression, and other mental health conditions. To address these issues, providing access to counseling services and implementing wellness programs can help support mental health. Encouraging regular breaks and offering flexible work or study schedules can also reduce stress and promote well-being.
  • Physical Health Impact: The psychological impact can also affect physical health, leading to chronic fatigue, headaches, and gastrointestinal problems. Promoting a healthy work-life balance and offering access to physical health resources, such as on-site medical services or fitness programs, can be beneficial in alleviating these physical symptoms. Additionally, creating ergonomic workspaces and ensuring the environment is physically comfortable can help mitigate some of the physical health impacts of stress.
  • Professional and Academic Impact: Bullying and discrimination can hinder career advancement and academic success. Neurodivergent individuals may be overlooked for promotions, receive lower grades, or even leave their jobs or educational programs due to the hostile environment. A neurodiverse person who is also a person of color might face compounded challenges. A 2015 meta-analysis found a significant association between racism and poorer mental health, indicating increased risks of depression, anxiety, and psychological stress [10]. Implementing fair and transparent evaluation processes can ensure that neurodivergent individuals are assessed based on their performance. Providing mentorship and career development programs tailored to neurodivergent individuals can also help them navigate professional and academic pathways more successfully. This loss of potential affects individuals and deprives organizations and institutions of diverse perspectives and talents. To harness this potential, promoting a culture of inclusion and actively seeking the input of neurodivergent individuals in decision-making processes can enrich the organizational or academic environment. Offering training on neurodiversity for all staff and faculty can further enhance understanding and appreciation of the unique contributions neurodivergent individuals can make.

Addressing the Issue

  • Creating Inclusive Work Environments:
    Organizations and educational institutions must adopt inclusive practices that embrace and empower neurodivergent individuals. Inclusive practices begin with cultivating a culture of understanding, respect, and accepting diverse cognitive styles and experiences. Training employees and leaders on neurodiversity can help reduce stigma and foster empathy, creating a workplace where all individuals feel valued. Building inclusivity requires thoughtful policies and proactive strategies that enable neurodivergent employees to bring their full potential to their roles, enhancing innovation and teamwork. A genuinely inclusive environment reflects a commitment to diversity, equity, and belonging, and it also brings tangible benefits to the organization, such as increased innovation and improved team dynamics.
  • Providing Accommodations for Neurodivergent Employees:
    Adequate accommodations are critical for supporting neurodivergent students and employees and ensuring they can perform their roles effectively. These accommodations may include providing quiet spaces, flexible working conditions, and sensory-friendly environments tailored to their needs. Assistive technologies, such as noise-canceling headphones and screen readers (text to speech), and flexibility with screens on or off, can further empower neurodivergent individuals by removing unnecessary barriers. Establishing and communicating clear policies for reasonable accommodations ensures transparency and accessibility. By actively addressing the diverse needs of their workforce, organizations not only comply with legal standards but also demonstrate their commitment to valuing and supporting all employees, fostering loyalty, productivity, and innovation.
  • Training Programs: Training programs for staff and students on neurodiversity and anti-bullying can foster a more understanding and supportive culture. These programs should include real-life scenarios and role-playing exercises to build empathy and practical skills. Incorporating ongoing training sessions rather than one-time events can ensure that awareness and understanding continue to grow. Encouraging feedback from neurodivergent individuals on these programs’ effectiveness can help refine and improve them continuously.
  • Support Systems and Resources: Access to mental health support, mentorship programs, and peer support networks can help neurodivergent individuals cope with their challenges. Additionally, offering specialized mental health services that understand and cater to the unique needs of neurodivergent individuals can enhance support effectiveness. Providing regular mental health workshops and stress management training can equip neurodivergent individuals with strategies to handle stress and anxiety. Encouraging the formation of neurodivergent affinity groups can also foster a sense of community and belonging.
  • Legal Protections and Policies: We must enforce legal and organizational policies to prevent discrimination and provide avenues for addressing grievances. Enforcing policies includes regularly reviewing and updating policies to ensure they remain practical and relevant. Establishing a dedicated office or officer for diversity and inclusion can help monitor compliance and handle grievances more effectively. Training management and staff on legal requirements and best practices for supporting neurodivergent employees and students is essential to ensure the correct implementation of policies. Furthermore, promoting a transparent and confidential reporting system can encourage individuals to report incidents of discrimination without fear of retaliation.

Solutions for Neurodivergent Individuals Experiencing Bullying

  • Seek Support: If experiencing bullying, neurodivergent individuals should seek support from trusted colleagues, mentors, or affinity groups. Peer support networks can provide emotional support and practical advice.
  • Document Incidents: Keeping a detailed record of bullying incidents, including dates, times, locations, and descriptions of what happened, can be crucial for reporting and addressing the issue.
  • Utilize Organizational Resources: Taking advantage of the resources offered by the organization, such as counseling services, HR support, and diversity officers, can help address and mitigate the effects of bullying.
  • Report Bullying: Utilizing the established reporting mechanisms to report bullying incidents can ensure that they are addressed promptly and appropriately. Knowing and understanding one’s rights can empower individuals to take action against bullying and discrimination.
  • Engage in Self-Care: Prioritizing self-care and mental health by engaging in activities that reduce stress and promote well-being can help neurodivergent individuals cope with the negative impacts of bullying.

Conclusion

Neurodivergent individuals bring unique strengths and perspectives to workplaces and academic settings. However, discrimination, bullying, and environmental insensitivity can severely impact their well-being and success. By understanding their specific challenges and implementing supportive measures, we can create more inclusive and equitable environments for everyone. Addressing bullying and discrimination through comprehensive policies, training programs, and support systems is essential to harnessing the full potential of neurodivergent individuals and enriching our communities with their diverse talents and perspectives.

References:

[1] Barber, S., Gronholm, P. C., Ahuja, S., Rüsch, N., & Thornicroft, G. (2020). Microaggressions towards people affected by mental health problems: a scoping review. Epidemiology and Psychiatric Sciences, 29, e82.

[2] Hutson, P., & Hutson, J. (2023). Neurodiversity and inclusivity in the workplace: Biopsychosocial INTERVENTIONS FOR PROMOTING COMPETITIVE ADVAntage. Journal of Organizational Psychology, 23(2).

[3] Adamou M, Arif M, Asherson P  et al.  Occupational issues of adults with ADHD. BMC Psychiatry  2013;13:59. doi: 10.1186/1471-244X-13-59.

[4] Prevatt F, Yelland S. An empirical evaluation of ADHD coaching in college students. J Atten Disord  2013;1–12. doi: 10.1177/1087054713480036. 

[5] Coetze G, Gibbison G. Mediating influence of time management on the relationship between adult attention deficit disorder and the operational effectiveness of project managers. J Manag Dev  2013;35:970–84. doi: 10.1108/MRR-09-2015-0216. 

[6] White HA, Shah P. Uninhibited imaginations: creativity in adults with attention-deficit/hyperactivity disorder. Pers Individ Dif  2006;40:1121–31. doi: 10.1016/j.paid.2005.11.007.

[7] G rant D. The psychological assessment of neurodiversity In: Pollak D. (ed.). Neurodiversity in Higher Education. Chichester, UK: Wiley-Blackwell, 2009,33–62 

[8] Armstrong T. The Power of Neurodiversity. Cambridge, MA: De Capo, 2010 https://psycnet.apa.org/record/2007-07130-001

[9] Fuld, S. (2018). Autism spectrum disorder: The impact of stressful and traumatic life events and implications for clinical practice. Clinical social work journal, 46(3), 210-219.

[10] Paradies Y, Ben J, Denson N, Elias A, Priest N, Pieterse A, et al. Racism as a determinant of health: A systematic review and meta-analysis. PLoS One. 2015;10:e0138511. doi: 10.1371/journal.pone.0138511.

Glossary: Terms Related to Diversity – by Marc Brenman

The following definitions are designed to accompany studies and materials on diversity, equity, equal opportunity, and nondiscrimination. The intent is to provide a common understanding to facilitate discussion and a common ground for discourse and action. The nature of the civil and human rights field, as well as human resources, is such that understandings change over time,  circumstances, and technological developments. Hence these definitions are subject to change, and in the spirit of the need for a common understanding, feedback is welcome, as well as suggestions for additional terms that need defining. 

Glossary of Terms Related to
Diversity, Equity, and Equal Opportunity

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Tennessee Plan for a Local-Global Future – By Bob Edwards

Introduction

What a privilege to have spent a hot three weeks in Memphis, Tennessee, with the 2024 Class of the Tennessee Governor’s School for International Studies. I was overjoyed to return to the city where some of the world’s greatest industries have been launched serving the noble cause of freedom joined with prosperity.  Which led us to consider the future your generation can bequeath to your descendants.  There are some mighty, simple lessons I’ve drawn that ought to inspire you to make a positive difference in the lives of everyone you encounter.  I’d like to take you on a tour of the future world you may wish to inhabit.

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Global Human Rights in Focus – by Dean Bordode

Current Challenges and Pathways
to Progress

Introduction

The global state of human rights in the 21st century continues to evolve, with notable advances in areas such as LGBTQ+ rights and gender equality, alongside persistent challenges like systemic discrimination, conflict-induced displacement, and the rise of authoritarian regimes. Despite progress, marginalized communities remain vulnerable, and civil liberties are under constant threat.

This report explores the current human rights landscape, drawing on contributions to various advocacy initiatives, including my work supporting Jewish groups and activists, amplifying the voices of LGBTQ+ communities, and addressing key global challenges. With decades of experience in human rights advocacy, I’ve supported efforts by Jewish rapporteurs in the U.S. and Canada, as well as contributed to reports on LGBTQ+ rights through submissions to bodies like the ILGA, the Centre for Human Rights at the University of Pretoria, and the UN Human Rights Committee via SOGI (Sexual Orientation and Gender Identity) submissions. These efforts emphasize the need for a collective, coordinated approach to addressing the pressing issues we face today.

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South Asheville Black Community – by Barbara Weitz

Abstract

The focus of this paper is the social, economic, and political development of the black community once  known as South Asheville in the city of  Asheville, North Carolina. It spans the period of slavery, the Civil War, emancipation, Reconstruction and Fusion politics.  From 1865 to 1900, Blacks in Asheville experienced much progress mostly because they felt far less  racial discrimination than what was experienced in  other parts of the South  The mixed racial attitudes of the Whites in Asheville allowed them access to more of the positive things happening in the city so the newly emancipated became a significant part of the boom Asheville experienced after the Civil War.  Since there were very few plantations , formerly enslaved people were not concentrated in small geographic areas of the city,  Some, like Mr. William McDowell, who did,  however, run a slave plantation, did much to help his former slaves and Blacks in general thrive by breaking up his former plantation into small pieces of land which he gave to them or allowed them to purchase at a small price. This created the suburb of Black South Asheville.

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Interfaith Bridgebuilding Across the Digital Divide – by Geneva Blackmer

What is the Digital Divide?

It is difficult to explain the realities of the digital divide to those who live comfortably on either side of the partition. Contemporary definitions include not only having access to technology, but also the right to digital literacy, digital participation, and social inclusion. While I was aware of the rapid and pervasive advancement of the digital world, correlating gaps in access did not fully become apparent until I began working within various public library systems. Over the years, I have assisted library patrons with everything from job applications to filing for social security, disability, and other medical benefits, to submitting college essays. The common denominator in all scenarios is that no option remained available for them to perform these tasks without technology, which was made accessible almost exclusively through public library services.

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Freedom Essay – by Marc Brenman

Do we really need another essay on freedom? When’s the last time you read one? It’s good to be reminded occasionally of meaningful basics. We get accustomed to being unfree, so it’s a good idea to be reminded of what freedom is. It’s also useful to be reminded that freedom, in the form of unfree people, is at the root of the American birth defect. We fought a Civil War over that idea. It’s also useful to note that there are fake or faux freedoms, like the desire, effort, and ability to overthrow free and democratic elections, as Trump supporters and many Republicans attempted after the November 2020 elections. Jefferson Cowie in his book Freedom’s Dominion: A Sage of White Resistance to Federal Power, noted that the Right has turned “freedom” into a dog whistle. 

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Campus Jews on Trial – by R. A. Crevoshay

Opinion: American Jewish Education
Fails Israel

What I offer is an unapologetic defense of the Jewish People. Oh yes, we are indeed a People. Not an ethnicity, though we have many ethnicities within our general culture. Not a religion, though we do have numerous and competing variations of theology among our ranks. It ain’t about religion.

Jews are the indigenous nation of the Land of Israel.

We’ve been separated from our land for a couple thousand years.

Jews are indigenous under the definition provided by the United Nations Department of Economic and Social Affairs. Where we differ from virtually every other dispossessed indigenous culture is that we have honored the memory of our roots. Through a couple of millennia of suffering the brutality visited upon us by most of our foreign hosts, we not only remembered our homeland, but we’ve had the unwelcome chutzpah to recover and resettle it. 

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Comparisons of Anti-Vietnam War Protests and Pro-Palestinian Protests – by Marc Brenman

Recently I was asked to compare and contrast the Anti-Vietnam War Protests of the mid to late 1960’s and early 1970’s with the current Pro-Palestinian, Pro-Gaza, and Anti-Israel protests, largely on college campuses. I was very active in activities against the War in Vietnam while in college and graduate school. I have some regrets at some of the stupid things I said and did. Therefore I try to understand the current demonstrators. I had a ox being gored—fear of being drafted. Thus, I had a personal stake in the actions. Today’s students have no such stake. It is especially notable that most of the groups opposing Israel’s stance in the Gaza War have no stake whatsoever in that part of the world. 

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