Community Property after Hisquierdo v. Hisquierdo
Women's Rights Law Reporter, Vol. 7, p. 365, 1982
15 Pages Posted: 10 Dec 2009
Date Written: 1982
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.
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