Thursday, March 14, 2013

Ninth Circuit -- ASIL MASHIRI V. DEPARTMENT OF EDUCATION

Neither Mandamus statute nor sue-or-be-sued provision of organic act allows Mandamus action to compel issuance of a student loan, as the petitioner didn't establish a statutory right to the remedy.  (Which would have allowed a bypass of sovereign immunity.)

ASIL MASHIRI V. DEPARTMENT OF EDUCATION
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.