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Community Property After Hisquierdo V. Hisquierdo, Marie Stefanini Newman

Elisabeth Haub School of Law Faculty Publications

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 and 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.