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Full-Text Articles in Communications Law
Unprotected And Unpersuaded: The Fcc's Flawed Merger Review Procedures, Trey O'Callaghan
Unprotected And Unpersuaded: The Fcc's Flawed Merger Review Procedures, Trey O'Callaghan
Duke Law & Technology Review
In CBS Corporation v. FCC, the D.C. Circuit struck down the Federal Communication Commission’s rules for protecting confidential information that it collects during certain merger proceedings. In response, the Commission released a new order, pursuant to the Charter, Time Warner, and Bright House merger proceeding, for protecting confidential information. This iBrief analyzes the policy and legal implications of the Order, arguing that the Order is unlawful because it violates the Trade Secrets Act and notice-and-comment rulemaking requirements.
The Nlrb's Purple Communications Decision: Email, Property, And The Changing Patterns Of Industrial Life, Josh Carroll
The Nlrb's Purple Communications Decision: Email, Property, And The Changing Patterns Of Industrial Life, Josh Carroll
Duke Law & Technology Review
On December 11th, 2014, in a much-anticipated case, the National Labor Relations Board (“NLRB”) held in a 3-2 decision that employees with access to an employer’s email system had a presumptive right to use that email system during non-working time under Section 7 of the National Labor Relations Act (“NLRA”). In an attempt to adapt to the “changing patterns of industrial life,” the NLRB reversed a seven-year precedent by overturning In re Guard Publ'g Co., 351 N.L.R.B. 1110 (2007), and thereby gave employees the statutory right to use employer email systems for non-business purposes. This issue brief argues that the …