Husband & father. Professor & Assoc Dean @bclaw. Nonresident senior fellow @AEI. Telecom/Internet law, Energy, Admin Law. "An appropriate number of dad jokes."

Newton, MA
Joined November 2013
Do as adversaries do in law, strive mightily, but eat and drink as friends. William Shakespeare, The Taming of the Shrew, Act I, sc. 2
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Do cinquains exist anywhere outside the elementary school curriculum?
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Daniel Lyons retweeted
A conversation that has happened many times in banking, with various flavor texts, from fintech to public banking to microfinance. A: We think there is an opportunity to write loans to an underserved population. B: At usuriously high rates? A: No, at usual rates. Maybe lower.
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Daniel Lyons retweeted
I keep seeing people run all sorts of documents through Pangram and get outraged when they come back as AI-positive. I feel like I’m starting to lose sight of what we’re trying to achieve here. Is the outrage always warranted? 1/
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Daniel Lyons retweeted
Churchill could have shortened WW2 by years if he had just “done a deal” with Hitler. George Washington could have done a deal to end the American Revolution. Zelenskyy is in good company.
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Daniel Lyons retweeted
Reading some of the coverage of Justice Kagan's interview at Catholic University yesterday, which I attended, and it seems to me to exaggerate how tough she was towared her conservative colleagues. 1/6
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I totally forgot about Biosphere 2, which was so incredibly hyped up by my middle school when it was launched. I guess this post-mortem explains why it was memory-holed.
In 1991 eight people were sealed inside three acres of glass in the Arizona desert to prove that a carefully designed farm could feed humans without the outside world, and the design had almost no room in it for animals. Two years later the only thing inside that had reliably fed them was a handful of goats. Biosphere 2 cost a hundred and fifty million dollars. A rainforest, an ocean, a savannah and a farm under one roof, with the door welded shut for two years and nothing allowed in or out. The farm was the heart of it, and the farm was built on the modern idea: crops first, grown intensively, with livestock as an afterthought at the edges. A few African pygmy goats for milk, a flock of chickens, and four small feral pigs chosen because they could live on scraps. The pigs did not last the year. In a sealed box short of calories a pig is a competitor, and the crew killed and ate them. The chickens barely laid, because the glass cut the light and there was nothing to feed them that would make an egg. That left the goats, and for two years the goats were the only source of fat in a world designed around vegetables. The accounts the crew wrote afterwards return to them again and again. The half glass of milk a day was the thing people lived for. When a kid was born it was eaten and the meal was written up like a feast. The men lost nearly a fifth of their body weight, the women a tenth, and the food they dreamed of was never the sweet potatoes they had in abundance. It was the animal they had been given too few of. The plants were also taking the air. To make the crops grow the soil had been enriched with compost, and the microbes in that soil breathed oxygen faster than anyone had calculated. The level fell from twenty-one per cent to fourteen, the air of a high mountain, until the crew could not climb a staircase without resting and oxygen had to be trucked in from outside. The design that put plants first had removed the thing everyone needed most. Nobody has ever run the experiment the other way, with a herd at the centre and the crops at the edge. It would not have needed a doctor to explain the results. They were given three acres and told to feed themselves on plants. They ate the pigs, worshipped the goats, and suffocated.
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A proposal: Cornell, NYU, and other universities that now, suddenly, want to show they care about reducing sexual assault on their campuses, should facilitate and support an R&D effort to find effective solutions. As in: Get various stakeholders together to brainstorm about things to try. Pilot those ideas with a control group. Measure impacts on behavior. Drop the stuff that doesn’t work. Expand the stuff that does. Repeat. This might seem obvious, but universities are *notorious* (in evidence-based policy circles) for not wanting to know if their campus sexual assault interventions work. They want to signal that they care, but they don’t actually think they can fix this so they just hope everyone moves on quickly. (It doesn’t help, of course, that advocacy groups don’t like the idea of having their ideas tested - they assume all their good ideas will work. They are wrong.) I saw this firsthand at UVA many years ago, and have been talking with colleagues at other universities about this consistent pattern ever since. It is infuriating. High rates of sexual assault are a policy choice. At universities and in the real world. We know how to find solutions to problems like this (this is what crime economists do for a living!), but have chosen not to. If Cornell, NYU, etc. are serious, this is the approach they will take. I know many people who would love to help. Let’s see if they call. 🤞🏻
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Daniel Lyons retweeted
If you weren't able to stream it live, you might enjoy this @AEItech @AEI panel discussion of October 19 about free speech and free press issues . . . You name an important free speech/press issue, they almost certainly addressed it youtube.com/watch?v=0PdXS8Ae…
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Daniel Lyons retweeted
Violent riots and destruction of peoples' lives and livelihoods are bad actually.
From the high schools of France to the streets of Madrid to the universities of Tirana, young people are telling their governments the same thing: in an age of massive wealth inequality, they want a future they can believe in. In France, students and teachers are asking for safe schools, enough teachers and smaller classes. In Spain, for affordable rent and housing. In Albania, for good jobs and an end to corruption. @JDVance says this is what happens when a nation lets in too many immigrants from the global south. He is not just morally wrong, but misreading the moment. The is what happens when nations let wealth and power accumulate in the hands of a few. This is what happens when young people lose hope in their future. In America, let us listen to our young. We need an economic and political transformation. America's Next New Deal.
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Q: "What has been the impact of the French Revolution?" A: "Too early to tell" --Zhou Enlai, 1968
The Limoges Town Hall survived two world wars and stood as a symbol of French history. Now it will be remembered as a symbol of the country’s downfall. This is so incredibly tragic.
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We hugely underestimate the utter fragility of modernity.

Many times in history, we've turned the clock back to a much tougher & rougher past.

For centuries after Rome fell, Europeans couldn't even dream of things like hot piped water, luxurious baths & central heating. We think that the real is rational, that the "system" will deliver the goods. The truth is that modern systems are like spiderwebs: break one part & the edifice gets exponentially weaker. Romans who lived through the fall must have been shocked at how quickly things fell apart. Another period when we turned back the clock was when globalization was reversed right after an assassination in Sarajevo sparked WW1.

Keynes writes about this period eloquently. Things were hunky dory & considered permanently so, and then suddenly everything went wrong. When we blithely mock our own systems with tribal glee, when we knock down institutions, when we take political pleasure in zero-sum fights, when we take war less than seriously, just remember that the cave, starvation & the tribal club are never too far away from modern life. Even the most cynical, jaded and corrupt Romans of Nero's era must have been horrified at what they had unleashed once it was clear they were going way back in time. And once they went back, the only way forward was centuries of deprivation & painfully slow invention. It's hard to correlate these events with our own era but just remember that Rome saw itself & its progress as  eternal, ditto pre war Europe.

Modernity is God's greatest gift to us. Cherish it, cultivate it, protect it. Don't let systems get vandalized, institutions get wrecked. Protecting modernity means protecting systems, institutions & norms of civilization. This is not some idle musing: these things stand between you & your family & chaos. Without truth, systems & objective laws, you don't get science. Without science, you don't get antibiotics. As Rome fell, it's interesting to note that truth & facts became subordinated to  pleasure, corruption, luxury & belief in magic.

It's worth thinking about that as you look at our civilization. 

Modernity, technology, civilization are all very fragile things.
Civilization is a “forever war” against barbarism.
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100%. Data centers are revealing how much electricity markets and regulation need to change to meet future needs.
explore.research.ufl.edu/fol… The AI boom isn't just a technology story. It's an electricity story. As data centers grow in size and demand, utilities and communities face new challenges involving electricity infrastructure, water use, and resource costs. Q&A with PURC's Ted Kury.
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Daniel Lyons retweeted
explore.research.ufl.edu/fol… The AI boom isn't just a technology story. It's an electricity story. As data centers grow in size and demand, utilities and communities face new challenges involving electricity infrastructure, water use, and resource costs. Q&A with PURC's Ted Kury.
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Daniel Lyons retweeted
Abundance usually gets explained as a list of problems: zoning, permits, licensing, slow approvals. Here’s what we'd actually get if we fixed them: Lunch costs $4, like it does in Japan and Singapore. Most US cities require three or four separate sinks, which makes a kitchen under 200 square feet nearly impossible. Anyone can open an owl cafe or a vegan lesbian bookstore. Japan is full of tiny, oddly specific businesses run by one or two people. They survive because small spaces are cheap and enough people live close enough to walk in. A room in a big city for $400 a month. These buildings housed millions of low-income and older Americans until cities banned most of them by the 1980s. A three-bedroom apartment you can stay in after you have a kid. US codes require two staircases in buildings over three stories, so family-sized units only fit on the corners. Most of the world allows one staircase. A new electric car for about $10,000. China sells these globally. Americans can't buy it. A government so dependable it's boring. When a loved one dies, you report it once instead of to every agency. We can decide to make it happen here. The full list has 16 things, from taco trucks on every corner to no more pandemics. I wrote this to also announce that today is DC Abundance's official launch! If you’re in DC, come celebrate and see the G.O.A.T. Derek Thompson speak!
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I would rather those units get rented out to someone, even at a higher price point. Everyone who lives in one of them is someone who's not competing with other renters for another unit. To deny this, you basically have to not believe in object permanence.
“See these are all sitting vacant, wouldn’t you prefer they be available for exorbitant rent that you can’t afford?” …lol god she’s so fucking bad at this
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I'd add that the phenomenon discussed in this @nytimes article is hardly limited to Texas. Schools here in the Northeast are also referring stupid kid/teen behavior for criminal charges. My guess is costs fall disproportionately on low income families. nytimes.com/2026/10/15/us/te…
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Daniel Lyons retweeted
Interested in learning about the most important free speech and press issues in the US? Consider attending our @AEI @AEItech free event "Prioritizing Free Expression" this coming Monday . . . Register here: aei.org/events/prioritizing-…
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Daniel Lyons retweeted
Some thoughts for @AEItech @AEICTSE re: why using public nuisance statutes for judges to order design changes to speech technologies is wrong and will stretch to GenAI tools if not stopped . . . aei.org/domestic-policy/tech…
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In the 80s, Phil Donahue wanted to televise an execution because he thought once people confronted the violence done in their name, public opinion would turn against the death penalty.
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