Change Is Coming Fast (!)

By Matthew A. (Matt) Cordell

“The only constant in life is change.”  So wrote Heraclitus about 2,500 years ago on a papyrus roll using a stylus dipped in ink. Time has proven him correct.

Although change was a very real part of life during the era of Heraclitus, change in our lifetime is accelerating at an unprecedented pace. Gordon Moore, the co-founder of Intel, observed that the pace of technological change in the microchip processor industry seemed to be doubling every year, and he predicted that the trend would continue. Now known as “Moore’s Law,” his statement is often applied more generally to all technology: It is said that the rate of technological change doubles yearly. Other aspects of life, including societal values and international commerce, are also changing with extraordinary speed.

While we all understand that the law typically lags behind technological and social changes, the law and the legal profession are nonetheless changing at an increasingly rapid pace. The sheer size and scope of law grows daily as regulatory agencies promulgate thousands of pages of new rules and guidance (80,260 pages published in the Federal Register alone in 2015, according to the Regulatory Studies Center at George Washington University) and hundreds of courts and agencies create new precedent. As the law becomes exponentially more complex and changes ever more rapidly, lawyers (and the growing industries that complement or compete with lawyers to provide legal services) must evolve … and they are.

Read more

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

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