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Mandamus in New Mexico


Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/7492

Mandamus in New Mexico

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Title: Mandamus in New Mexico
Author: Browde, Michael; Dumars, Charles
Abstract: It is the purpose of this article to give a broad overview of mandamus in New Mexico in a manner which will prove instructive to the prospective mandamus litigant. After outlining in some detail the legal basis for the writ and the statutory requirements which govern its issuance, attention will be given to the case law suggesting that mandamus is an exclusive remedy against official wrongdoing. The bulk of the article then deals with the three most litigated mandamus questions: (1) Who has standing? (2) When is the remedy at law inadequate so that mandamus will lie? And (3) what constitutes official discretion which cannot be controlled by the writ? Finally, special attention is paid to the relationship between mandamus and the doctrine of sovereign immunity.
Date: 1974
Publisher: University of New Mexico School of Law
Citation: 4 N.M. L. Rev. 155 (1974)
URI: http://hdl.handle.net/1928/7492

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