Lewis & Clark Law Review
First Page
1527
Abstract
A litigant filing a petition for a writ of mandamus takes a gamble. If unsuc- cessful, the petitioner risks not only wasting time and effort but also insulting the district court judge by calling into question his or her ability to carry out the basic duties of a judge. And even if successful, the petitioner still faces the risk of returning to the district court on less-than-friendly terms. More than anything, however, the writ of mandamus poses such risks because appellate courts have employed widely varying approaches in developing a standard for granting the writ. In order to offer greater predictability to litigants and foster district courts’ ease of administration of their cases, appellate courts should adhere to the relatively strict standard set by the history of the writ in England and later endorsed by the U.S. Supreme Court and Congress.
Recommended Citation
Audrey Davis,
A Return to the Traditional Use of the Writ of Mandamus,
24
Lewis & Clark L. Rev.
1527
(2020).
Available at:
https://lawcommons.lclark.edu/lclr/vol24/iss4/10