Community Property after Hisquierdo v. Hisquierdo

Women's Rights Law Reporter, Vol. 7, p. 365, 1982

15 Pages Posted: 10 Dec 2009

See all articles by Marie Stefanini Newman

Marie Stefanini Newman

Pace University School of Law

Patricia Schultheiss

affiliation not provided to SSRN

Date Written: 1982

Abstract

This Comment will briefly discuss California's community property system, and the standards traditionally required by the Supreme Court for federal pre-emption of state property law. It will also examine the Supreme Court's interpretation of the Railroad Retirement Act which led the Court to conclude that the Supremacy Clause of the United States Constitution demanded federal pre-emption in this case. It will discuss the Hisquierdo test for federal pre-emption, which the Supreme Court has since used to override state community property systems. Finally, it will evaluate whether the case was correctly decided.

Suggested Citation

Newman, Marie Stefanini and Schultheiss, Patricia, Community Property after Hisquierdo v. Hisquierdo (1982). Women's Rights Law Reporter, Vol. 7, p. 365, 1982, Available at SSRN: https://ssrn.com/abstract=1520724

Marie Stefanini Newman (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

Patricia Schultheiss

affiliation not provided to SSRN

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