Summary: This week we debate three timely topics:<br> <br> * Al Nashiri Part 7,146: the D.C. Circuit has issued a unanimous ruling slamming former Judge Spath for failing to disclose a manifest conflict of interest, slamming pretty much everyone else involved in the process for failing to see that this is a problem, and vacating all of Judge Spath’s hundreds of orders since he put in his application to become an Immigration Judge.<br> * Hernandez Part II: The Solicitor General has recommended a cert. grant in Hernandez, the cross-border shooting case, on the Bivens question (though not the Westfall Act question).<br> * Third Party Data and the Impact of Changing Customer and Cultural Expectations: News that law enforcement officials obtained a warrant compelling Google to share customer location data in quasi-bulk fashion draws attention not to the evolving Fourth Amendment, but rather to evolving public expectations about what data companies should hold to begin with.<br> <br> Oh, and something about some TV show with dragons, zombies, kings and queens, and so on. Have to stay for the frivolity at the end to see what that’s all about.<br>
