Selected Articles By NLRG Research Attorneys

 
Paul A. Ferrer
 

 

Brett R. Turner

Brett R. Turner, Fifth Amendment Privilege in Family Law Litigation, 35 Journal of the American Academy of Matrimonial Lawyers 355 (2022)

Brett R. Turner, Economic Claims Between Former Spouses Outside the Divorce Case," 39 Family Advocate 26 (Fall 2016)

Brett R. Turner, Theories and Methods For Valuing Marital Assets, 25 Journal of the American Academy of Matrimonial Lawyers 1 (2012)

Brett R. Turner, Unlikely Partners: The Marital Home and the Concept of Separate Property," 20 Journal of the American Academy of Matrimonial Lawyers 69 (2006)

Brett R. Turner, Division of Third-Party Property in Divorce Cases, 18 Journal of the American Academy of Matrimonial Lawyers 375 (2003)

Brett R. Turner, Spousal Support in Chaos, 25 Family Advocate 14 (2003)

Brett R. Turner, Measuring Active and Passive Appreciation in Separate Property (2010)

Active appreciation is appreciation in separate property that is caused by contributions of marital funds or marital efforts. In almost all dual classification states, active appreciation is marital property.  But determining what portion of the appreciation in an asset is active or passive is a difficult and very fact-sensitive question.

In this article from 2010, Brett Turner takes a look at nationwide case law on this issue.  The article does not consider developments after August of 2010.  For coverage of later case law, see Brett R. Turner, Equitable Distribution of Property §§ 5:54 to 5:57 (4th ed. 2025).

Brett R. Turner, Classification, Valuation, and Division of Business Goodwill (2010)

When valuing a business for purposes of division upon divorce, all states agree that the hard assets and liabilities of the business are marital property.  But the value of a business as an ongoing concern is often greater than the total value of its assets and liabilities.  This difference in value is known as goodwill.

Case law on the classification, valuation and division of goodwilll is closely divided nationwide.  In article article from 2010, Brett R. Turner takes a look at the case law.  This article does not consider developments after February of 2010.  For coverage of later case law, see Brett R. Turner, Equitable Distribution of Property §§ 6:72 to 6:75 (4th ed. 2025).

 

Trayce A. Hockstad

  1. Critical Infrastructure Regulation & State Power: From Medieval Burdens to the Cybersecurity State, 79 Maine L. Rev. (forthcoming 2026)

  2. Engineered for Surveillance: Public Safety, Roadway Science, and the Fourth Amendment, 62 Idaho L. Rev. no. 1, 45 (2026)

  3. Building the Law of the Road: Movement and Responsibility in Premodern English Transport, 49 Transp. L.J. no. 2, 73 (2025)

  4. After the Age of Discretion: Policing and Privacy in a World of Automated Roadway Enforcement, 98 St. John’s L. Rev., no. 1 13 (2024)

  5. Religious Reformation and the Law of Unnatural Death in England, Neb. L. Rev. Bulletin (2023)

  6. The Wrong, the Wronged, and the Wrongfully Dead: Deodand Law as a Practice of Absolution, 101 Neb. L. Rev. 731, vol. 3 (2023)

  7. Automated Unity: Evaluating the Uniform Law Commission’s Autonomous Vehicle Act, 61 Washburn L. J. 275 (2022)

  8. On the Road to Supreme Court Review: The Constitutionality of Truck-Only Tolls, 28 Widener L. Rev. 1 (2022)