Teen Sexting Prosecutions Expose Harsh Gap In N.C. Law

Editor’s note: This article appears in the February 2017 edition of North Carolina Lawyer and the December edition of the NCBA’s Juvenile Justice & Children’s Rights Section newsletter.

By LaToya B. Powell

Most parents today are warning their teenagers about the dangers of sharing sexually explicit images of themselves with others by cell phone or computer, also known as sexting. The behavior is not only inappropriate, but it also exposes teens to potential embarrassment, humiliation, and further victimization if the photos are disclosed to third parties without their consent. However, the potential harm caused by sexting goes far beyond the social stigma.

A growing number of teens in NC and across the nation are facing criminal charges for sexting. LaToya Powell, Teen “Sexting” is a Problem, But Is it a Crime?, NC Crim. Law Blog (Sept. 8, 2015, 8:29 AM), http://nccriminallaw.sog.unc.edu/teen-sexting-is-a-problem-but-is-it-a-crime/. Because the state does not have a sexting specific law, the conduct is typically prosecuted under laws prohibiting child pornography and obscenity. Id. These offenses carry severe penalties, including a permanent criminal record, sex offender registration, and imprisonment for up to 20 years for juveniles who are charged as adults.[1] Advocates argue that such harsh consequences are grossly disproportionate to the harm caused by consensual teen sexting and many states have created new laws to address the problem.

Read more

SCOTUS Sends Transgender School Case Back To 4th Circuit

By Michael A. Kornbluth

On March 6, 2017, the Supreme Court remanded a case about a transgender boy’s right to use the bathroom associated with his gender identity. Gavin Grimm, a transgender boy, wanted to use the boys’ restroom at his high school. After Gavin had been using the boys’ restroom for seven weeks with the school’s permission, the local school board passed a policy that banned Gavin Grimm from using the boys’ restroom. Gavin Grimm filed for an injunction to use the bathroom based on his gender identity.

The U.S. District Court for the Eastern District of Virginia, 122 F. Supp. 3d 736 (2015), dismissed Grimm’s Title IX claim. On appeal, the primary issue for the 4th Circuit was whether Title IX requires schools to provide transgender students restroom access that comports with the student’s gender identity as stated in 34 CFR 106.33. G.G. v. Gloucester County School Board, 822 F.3d 719 (2016).   The regulation permits the provision of “separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities for students of the other sex.” On Jan. 7, 2015, the Department of Education’s Office for Civil Rights interpreted 34 C.F.R. 106.33 as requiring that if a school treats students differently due to their sex, the school must also treat transgender students consistent with their identity.

Read more

Next Up For NCBA Membership Events: A March Madness-St. Patrick’s Day Mash-Up

By Josh McIntyre

On a chilly night in Durham last November, nearly 200 NCBA members and guests saw a side of President Kearns Davis that, until previously, only a handful of family members and the Duke football faithful might have known – that of Coach Kearns Davis.  The UNC vs. Duke football game last fall marked the first Member Event of this bar year, and as fans approached the tent, they were greeted with a slightly (25 years) younger life-size cutout of Davis from his days as an assistant Blue Devils coach in 1991. And while the archived picture was a surprise to Davis and his family, the popularity and success of this Member Event and others has come to be expected.

Since the formation of Member Events in 2015, nearly all experiences have been a sellout, including the 100 seats allotted for the Feb. 11 Charlotte Hornets vs. LA Clippers game. Member Events are designed to bring unique and high-demand educational and entertainment experiences at cost-conscious prices to NCBA members and guests. The next Member Event will be Irish I Were At March Madness! on St. Patrick’s Day, March 17, when all members are invited to view the live NCAA tournament games on our new HD widescreen projector in the auditorium at the Bar Center in Cary. The event, which will include complimentary beer from Lonerider Brewing,  is free for members and guests, but registration is required.

Read more

MacCord’s List: IP Notices & News From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent link below.

U.S. Copyright Office launched its updated website: www.copyright.gov

Legislative Update

By Faith Herndon and Laura Wetsch

This is your weekly update of bills introduced or moving through the legislature. Last week’s blog post listed a variety of bills and their current status.  This update will only describe new legislation or updates on significant bills already introduced. If a bill is moving between committees and/or going nowhere we will not necessarily have updated it for you. Again, many of the listed bills are not necessarily going to be enacted, and all are still subject to being rewritten. Here is this week’s update:

Read more

Fifth Circuit: Employers Liable for Emotional Distress Damages in FLSA Retaliation Claims

,

By Michael B. Cohen

Beyond requiring that employers comply with statutory minimum and overtime wage provisions for nonexempt employees, the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., renders it unlawful for employers to retaliate against employees for asserting their rights under the law.  Employers are prohibited from “discharg[ing] or in any other manner discriminat[ing] against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to [the FLSA].”  29 U.S.C. § 215(a)(3).  Retaliation claims under this section generally require the performance of a “protected activity” by an employee, such as filing a complaint, a subsequent “adverse action” by an employer, such as terminating or demoting an employee, and a “causal connection” between the protected activity and the adverse action.  It is well established that employers who violate the anti-retaliation provisions of § 215(a)(3) may be liable for legal and equitable relief under § 216(b), including reinstatement, promotion, lost wages, front pay, liquidated damages, and reasonable attorney’s fees.  But what about other remedies, such as compensatory damages for emotional distress stemming from the retaliatory act(s)?

Read more

Try Snapchat, and Three Other Resolutions For the Rest of 2017

By Erik Mazzone

Here we are a mere 60 days into 2017 and my many well-intentioned New Year’s resolutions are dead and buried with a fresh covering of rationalization and self-loathing.

I am wicked and weak.

Exercise, salad and watching less television are overrated, anyway, right?

Still, it’s a little depressing to chalk 2017 up to a total fail so early. There are probably some little things that I can resolve to do. Small changes and incremental improvements that have a chance of being sustainable. Things that might actually happen.

I am moderate and rational.

I’ve got my list of stuff to work on. If your resolutions have chalk outlines around them, as well, come on and join me with a few new ones of your own. Bonus points if they are useful or fun. We’ll call them our “almost new year’s resolutions.”

Read more

Happy Blogging

Have you been wanting to write an article on a health law topic but are unsure how and where to publish it? Well, good news! The NCBA Health Law Section and N.C. Society of Health Care Attorneys are seeking articles for our new blog, Prognosis. The blog takes the place of the Prognosis newsletter, but the process for contributing an article remains the same: Simply prepare a post and send it to an editor (listed below). Each article will be accompanied by a photo and bio link to the author.

Please send all proposed publications to a member of the editorial board five days before the blog is to be posted to allow for review. The schedule for posting new blog publications in the next few months is as follows:

  • March 16
  • March 30
  • April 20
  • May 4
  • May 18
  • June 2

In addition to comprehensive articles on various health care topics, the blog will also carry announcements on events in the health care community and links to other sites of interest to readers.

We hope you will take advantage of this opportunity for recognition and career development and become a frequent contributor to the blog!

The Editorial Board

Michael Murchison, Co-Editor, [email protected]

Ruth Levy, Co-Editor, [email protected]

Tim McNeill, [email protected]

Richard Saver, [email protected]

Robert Shaw, [email protected]

Amy Weaver, [email protected]