United States – Page 58 – understand-culture

Life on Mars

In January of 2014, NASA’s Mars rover Opportunity took a picture of a location that it had recently photographed (12 Martian days earlier), but now there was a new object in the image.

Nicknamed “The Jelly Donut” NASA assumed that the rover had caused a nearby rock to move, but because of the odd appearance of the rock, decided to conduct a short investigation of the object.

However, neurologist and author Rhawn Joseph didn’t believe that NASA was doing enough to investigate, and demanded that NASA perform a much more thorough examination of what he called “a biological specimen on Mars.”

When the organization didn’t respond, Joseph filed a lawsuit to compel NASA “to perform a public, scientific, and statutory duty which is to closely photograph and thoroughly scientifically examine and investigate a putative biological organism.”

Additionally, because NASA referred to the object as a rock, not a biological lifeform, Joseph also made sure to claim that the discovery of life on Mars was done “by Petitioner” (a.k.a. Joseph himself).

Appeal

The American judicial system allows anyone sentenced in a court to appeal that sentence. An appeal is when the accused (and sentenced) can take their case from a lower to a higher court for review.

In the American business context, a team member who believes that the judgement is wrong, or the conflict resolution process was unfair, can ask to have that decision reviewed by next-level management or by a neutral third party within the company, typically the human resources department.

Repeals

There have been many famous repeals or court decisions in American history. In 1954 the Supreme Court ruled that separate but equal (the American slogan for segregation of white and black Americans) was no longer constitutional, an act that negated their earlier ruling in 1896.

The first case in the U.S. in which the court system determined that a law was unconstitutional and should be repealed occurred in 1803. It was the case of Marbury v Madison, when the Supreme Court decided that the Judiciary Act of 1789 was conflicted with the Constitution and was therefore null and void.

The case of Betts v Brady ruled that the 6th and 14th Amendments of the constitution guaranteeing a right to legal counsel does not mean that the government has to provide counsel for someone who cannot afford it. Later, the case Gideon v Wainwright overruled this decision, and anyone accused of a crime is entitled to free counsel if he/she can’t afford an attorney.

Verdict

Verdict: The finding or decision of a jury on the matter submitted to it in trial; opinion, judgement. Middle English verdit, verdict. From Anglo-French veirdit, true + dictum.

Accept: To receive willingly; to give admittance or approval to; to endure without protest or reaction; to recognize as true; to make a favorable response to; to agree to undertake. Middle English, from Anglo-French accepter, from Latin acceptare, accipere to receive, from ad- + capere to take.

Revenge: To avenge (as oneself) usually by retaliating in kind or degree; to inflict injury in return for. From Anglo-French revenger, revengier, from re- + venger to avenge.

Grudge: To be unwilling to give or admit; give or allow reluctantly or resentfully. Middle English grucchen, grudgen to grumble, complain, from Middle High German grogezen, to howl.

Court Case Duration

Court cases in German can last between 4 and 24 months, some as long as 36 months. A recent law allows the parties in a court case to demand that the court system speed up its proceedings.

German companies promise their employees that internal conflicts will be moderated and resolved within two months. If no resolution is found, the conflict parties have the right to escalate their case to the next level of management.

The Art of Diplomacy

In March 2014 Vladimir Putin annexed Crimea. Not only did he upset the Ukraine, but also Germany, the E.U. and the U.S.A. Ever since this action the conflict became part of a public discussion: sanctions against Russia and the consequences of another cold war are being discussed overtly. International diplomacy needs to find a peaceful solution to this conflict now.

Minsk II, the treaty in which the conflicted parties agreed upon a truce, is the core of a peaceful solution. But the treaty has been very fragile from the start. There is a lack of trust and so international policy continues with a lot of effort to finally find a way to make the agreement work. The U.S.A., the E.U. and primarily Germany are trying to support conversations with Russia.

The U.S.A. and E.U. seem to agree on further strategies before cameras. But behind closed doors they differ. A closer look on this issue reveals the different understanding of Germany and the U.S.A. concerning conflict resolutions.

According to Germany the USA is no longer willing to continue on the german diplomatic course, because they no longer believe talks with Putin to be promising. Possible arms shipments have been considered. From a german point of view there is no other option than continuing the dialogue with Putin – a strategy that rather looks unassertive to the U.S.A, who prefer a change of pace.

This is where a difference in perceiving time comes into play: Germany is accepting to extend the conflict as long as there is a “clean” and thought-out solution to the process of dialogues. Germany is accepting a longer “wait” if that is the price. But this takes to long according to americans. Only talking, is unnecessarily prolonging the conflict, from an american point of view, which the U.S.A. disfavours.

Speedy Trial

Again, the Sixth Amendment to the U.S. Constitution states clearly what Americans expect: „In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial“

Various U.S. state and federal laws guaranty a more specific right to a speedy trial. In New York, for example, the prosecution (accuser) must be ready for trial within six months or the charges are dismissed. The Speedy Trial Act of 1974 established time limits for completing the various stages of a federal criminal case.

Americans anticipate that there team leads not only hold a first hearing promptly. They want the conflict resolution process to come to a conclusion, to a judgement, promptly as well. A manager who is slow to decide – to make the „judgement call“ – is seen as someone who has weak resolve. To have resolve means to deal with something.

Americans believe that maintaining forward movement is critical to the success of every team.

Adverse conditions

Reliable: To be dependent; to have confidence based on experience; dependable, giving the same result on successive trials.

Convenient: Suited to personal comfort or to easy performance; suited to a particular situation; affording accommodation or advantage; being near at hand. From Latin convenire to assemble, come together, be suitable.

Some products are designed for use in adverse conditions. These include batteries, automobiles, tires, outdoor work clothing, footwear. These products enable people to accomplish tasks like living in extreme climates, driving to work in adverse weather, and staying comfortable while working outside. American made products in these categories are designed to be reliable, as this prevents surprises and gives the user a sense of security about using the product.

General Motors often uses the tagline “Longest–lasting, most dependable truck on the road” to describe its Chevy truck line. Other major truck companies like Ford or Dodge also use words like reliable and dependable to describe their trucks. Another famous series of commercials from battery maker Energizer involved a battery-powered rabbit playing the drums as if in a marching band. This rabbit was known as The Energizer Bunny, and his characteristic was that he „kept going and going and going.“

Isn’t that what management is paid for?

Americans and Germans have very different expectations about how to manage interpersonal conflicts when they arise, which can lead to huge misunderstandings. As part of an ongoing series of articles, an American consultant living in Germany offers some advice.

When Germans and American collaborate, there will be conflict. This is normal. However, their respective approaches to conflict resolution differ. These differences, if not understood and properly balanced, can hinder just and lasting conflict resolution. And unresolved conflict threatens collaboration and success.

TIME magazine

TIME magazine was created in America in 1923 by Henry Luce and Briton Hadden. It was the first weekly news magazine in the US and its founders originally intended to call it Facts. However, because Luce and Briton wanted to keep their magazine brief (something that busy people could read in about an hour), they decided to change its name to Time and use the slogan “Take Time – It’s Brief.”

Largely thanks to its brief format, Time almost immediately surpassed its closest competitor, The Literary Digest. In fact, the magazine was so popular that in “History of Time Magazine” David Wallechinsky and Irving Wallace wrote “if Time liked them, they marched or strode; if not, they shuffled, straggled, shambled, plodded, lumbered, barged, swaggered, wobbled, or slouched.”

These days, Time magazine is still the most popular weekly news magazine in the US, and has been since its creation, with the only exception of Newsweek, which briefly overtook Time during the Vietnam War.