Articles

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Peering into the Comcast-Netflix Deal, Perspectives from Free State Foundation Scholars (2014)
 

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Restoring Limits on the FCC's Ancillary Authority, Free State Foundation Perspectives (2013)
 

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The Challenge of VoIP to Legacy Federal and State Regulatory Regimes, Perspectives from Free State Foundation Scholars (2013)
 

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Internet Policy’s Next Frontier: Data Caps, Tiered Service Plans, and Usage-Based Broadband Pricing, Federal Communications Law Journal (2013)

Usage-based pricing has rapidly become one of the most controversial topics in Internet policy. Both...

 

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Brief for Cato Institute et al. as Amici Curiae Supporting Petitioners, City of Arlington Texas et al. v. Federal Communications Commission et al. (with Cato Institute, Jonathon H. Adler, and Roderick M. Hills), Boston College Law School Faculty Papers (2012)
 

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Why Broadband Pricing Freedom is Good for Consumers, Perspectives from Free State Foundation Scholars (2012)

From the introduction:

Usage-based pricing has rapidly become one of the most high-profile topics in...

 

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The Impact of Data Caps and Other Forms of Usage-Based Pricing for Broadband Access, Mercatus Center at George Mason University Working Paper no. 12-27 (2012)

In recent years, broadband providers have introduced data caps and other plans that charge customers...

 

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Technology Convergence and Federalism: The Case of VoIP Regulation, University of Michigan Journal of Law Reform Online (2012)

From the introduction

The Vermont Supreme Court may soon consider whether federal law permits the...

 

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Net Neutrality and Nondiscrimination Norms in Telecommunications, Arizona Law Review (2012)

“Net neutrality” refers to the principle that broadband providers should not discriminate when transporting content...

 
Net Neutrality: Applying (and Expanding) Nondiscrimination Norms in Cyberspace, Federal Lawyer (2011)

The article discusses the regulations to promote net neutrality in the broadband industry by the...

 

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Tethering the Administrative State: The Case Against Chevron Deference for FCC Jurisdictional Claims, The Journal of Corporation Law (2011)

Like many other agencies, the Federal Communications Commission has seen significant regulatory growth under President...

 

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Virtual Takings: The Coming Fifth Amendment Challenge to Net Neutrality Regulation, Notre Dame Law Review (2011)

“Net neutrality” refers to the principle that broadband providers should not limit the content and...

 

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For MSNBC, Comcast Represents Not a Threat, But an Opportunity, Perspectives from FSF Scholars (2010)
 

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In re Preserving the Open Internet: Reply Comments of Professor Daniel A. Lyons, Boston College Law School Faculty Papers (2010)

Reply Comments on FCC Proposed Rulemaking into Net Neutrality

 

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Technology Convergence and Federalism: Who Should Decide the Future of Telecommunications Regulation?, University of Michigan Journal of Law Reform (2010)

This article critically examines the division of regulatory jurisdiction over telecommunications issues between the federal...

 

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Public Use, Public Choice and the Urban Growth Machine: Competing Political Economies of Takings Law, University of Michigan Journal of Law Reform (2009)

The Kelo decision has unleashed a tidal wave of legislative reforms ostensibly seeking to control...

 

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A Critical Reassessment of the GAO Bid-Protest Mechanism (with Robert Metzger), Wisconsin Law Review (2008)

This article critically examines the Government Accountability Office’s bid protest mechanism, which is designed to...

 

Contributions to Books

Reforming the Universal Service Fund for the Digital Age, Communications Law and Policy in the Digital Age (2012)

The marketplace and technological changes that have occurred since the last major revision of the...

 

Popular Press

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Net Neutrality Ruling: What are the FCC's Options?, Wall Street Journal Law Blog (2014)
 

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Rethink Possible When it Comes to Wireless Data Plans, US News Economic Intelligence Blog (2014)

From the introduction: The blogosphere has been abuzz this week with AT&T's introduction of a...

 

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Why Usage-Based Broadband Plans May Be Good For You, Lewiston Sun Journal (2013)

This article was also published on the Providence Journal's This New England Blog at http://blogs.providencejournal.com/ri-talks/this-new-england/2013/03/daniel-a-lyons-usage-based-broadband-plans-may-good-for-you.html

 

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Internet Pricing: The Next Policy Frontier, The Hill's Congress Blog (2013)

In the past few years, broadband providers have begun shifting toward tiered service plans (sometimes...

 

Selected Professional Activities

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Response to Questions in the First White Paper, 'Modernizing the Communications Act' (with Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, James B. Speeta, and Christopher S. Yoo), Response to a white paper published by the House Committee on Energy and Commerce (2014)

The House Energy and Commerce Committee has begun a process to review and update the...

 
Panelist and Participant, "Why the Wires Matter: A Broadband Policy Seminar for a New Generation of Scholars", Rutgers University, New York Law School, and the National Cable and Telecommunications Association (2013)
 
The Internet as the World's Biggest Copy Machine, and How Plaintiff's Bar Seeks to Monetize It, American Bar Association Student Division First Circuit 2013 Spring Meeting and Governor Election (2013)

On February 23, 2013, Professor Lyons presented at the First Circuit Spring Meeting of the...

 
Usage-Based Pricing and Net Neutrality, Senate Steering Committee and Conference Committee Staff (2013)
 
Reforming the Universal Service Fund for the Digital Age, Free State Foundation Future of Telecommunications Book Luncheon (2013)
 

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Podcast, Usage-Based Pricing in Broadband, Surprisingly Free Podcast Series, Mercatus Center, George Mason University (2012)
 
The Evolving Internet: Patterns in Usage and Pricing, National Cable and Telecommunications Association, NCTA Connects Series (2012)
 
Presentation, Dodd-Frank and the Administrative Law of Cooperative Federalism, Administrative Law of Dodd-Frank Workshop (2012)
 

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Podcast: Talk America Inc. v. Michigan Bell Telephone Company, Federalist Society SCOTUSCast Series (2011)
 

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Podcast: Is Net Neutrality a Virtual Taking?, Intellectual Property Podcast Series, Suffolk University Law School (2011)
 
Net Neutrality: A Historical Perspective, Boston College Federalist Society (2011)
 
Presented Paper: Net Neutrality and Nondiscrimination Norms, New England Junior Faculty Workshop (2011)
 
Net Neutrality and the Takings Clause, Center for Advanced Legal Studies (2011)
 
Presented Paper: The Judicial Role in Telecommunications Reregulation, Journal of Corporation Law Symposium on Reregulation and the Business Firm (2011)
 
Presentation, Universal Service Fund Reform: The Next Five Years, Free State Foundation Fifth Anniversary Forum (2011)
 
Nondiscrimination Norms in Cyberspace, Faculty Brown Bag Series, Boston College Law School (2010)

Conducted faculty brown bag discussion on work-in-progress regarding nondiscrimination norms in telecommunications law.

 
Panelist, Natural Law and Property Rights, Federalist Society (2010)
 
VOIP Jurisdiction and Regulation: Who Should Regulate the Technology of Tomorrow? (Panelist), National Association of Regulatory Utility Commissioners Winter Meeting (2010)
 
The Coming Fifth Amendment Challenge to Net Neutrality Regulation, Faculty Workshop, Boston University (2010)
 
Technology Convergence and Federalism, Faculty workshops at Cardozo School of Law, University of Nebraska, Pepperdine University, George Mason University, and Boston College (2009)