Administrative Law Adoption Law and Practice Appellate Court Practice Bankruptcy Practice Business Transitions Civil Procedure

Civil Trial Practice Commercial Law Condemnation Practice Construction Law Contracts Corporate Organization and Operation Creditors’ Remedies Criminal Practice Damages Discovery DWI Law and Practice Elder Law Employer-Employee Law Employment Discrimination Environmental Law Estate Administration Estate Planning Evidence Evidence Guide Family Law Farm Law Insurance Practice Intellectual Property Law Juvenile Law Litigation Settlements Local Government Law Mental Health Law Professional Liability Real Estate Practice Remedies School Law Secured Transactions Sources of Proof Specialized Business Entities Taxation Law and Practice Time Limitations Tort Law Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters Workers’ Compensation Law

MoBarCLE Publications 2010 Catalog

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MoBarCLE Publications

Books about Missouri law written by Missouri lawyers.
Administrative Law ........................................ 4 Adoption Law and Practice ............................ 5 Appellate Court Practice ................................ 6 Bankruptcy Practice....................................... 7 Business Transitions...................................... 8 Civil Procedure .............................................. 10 Civil Trial Practice .......................................... 11 Commercial Law ............................................ 12 Condemnation Practice ................................. 13 Construction Law ........................................... 14 Contracts ....................................................... 15 Corporate Organization and Operation ......... 8 Creditors’ Remedies ...................................... 16 Criminal Practice ........................................... 17 Damages ....................................................... 18 Discovery ....................................................... 19 DWI Law and Practice ................................... 20 Elder Law....................................................... 21 Employer-Employee Law............................... 22 Employment Discrimination ........................... 23 Environmental Law ........................................ 24 Estate Administration ..................................... 48 Estate Planning ............................................. 49 Evidence ........................................................ 25 Evidence Guide ............................................. 26 Family Law .................................................... 31 Farm Law....................................................... 32 Insurance Practice ......................................... 33 Intellectual Property Law ............................... 34 Juvenile Law .................................................. 35 Litigation Settlements .................................... 36 Local Government Law.................................. 37 Mental Health Law ......................................... 38 Professional Liability ...................................... 39 Real Estate Practice ...................................... 40 Remedies ...................................................... 41 School Law .................................................... 42 Secured Transactions .................................... 43 Sources of Proof ............................................ 44 Specialized Business Entities ........................ 9 Taxation Law and Practice............................. 45 Time Limitations ............................................ 46 Tort Law ......................................................... 47 Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters ........................... 50 Workers’ Compensation Law ......................... 51

General Information ...................................................... 52–53 Electronic Publications Information .....................................54 Order Forms ................................................................ 28–29 Volunteer Form ....................................................................30 2009 Volunteers...................................................................27
The Missouri Bar Continuing Legal Education is entirely self-supporting. MoBarCLE receives no part of member dues. The only sources of revenue are program registration fees and publications sales.
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MoBarCLE Publications
Administrative Law
In 1994, the Supreme Court of Missouri noted that “administrative law is an increasingly important area of practice in Missouri.” Weber v. Firemen’s Ret. Sys., 872 S.W.2d 477, 478 (Mo. banc 1994). Whether you regularly practice in this area or, like many other attorneys, are unfamiliar with all the rules and regulations but find yourself facing administrative law issues with increasing frequency, this deskbook will provide valuable assistance. The 2-volume set covers a broad range of topics, from immigration practice to education law to practice before various state agencies. It includes forms and a forms disk; new chapters on Education Law, the Department of Social Services, and the Gaming Commission; practice pointers; agency contact information; procedural guidelines; and more. For a list of the forms available on the disk, visit our online CLE Publications Bookstore at www. mobarcle.org.
5. Evidence and Burden of Proof Harvey M. Tettlebaum and Amanda Bartlett Mook Mary S. Erickson (Supp.) 6. Practice and Procedure Before the Administrative Hearing Commission Daniel R.E. Jordan and James B. Deutsch 7. Extraordinary Writs Paul H. Gardner 8. Attorney Fees Robert C. Cook and William J. Bryan, IV 9. Missouri Open Meetings/ Open Records Law (Sunshine Law) James H. Klahr 10. Professional Licensing Audrey Hanson McIntosh 11. Personnel Hearings Before Administrative Hearing Agencies Paul R. Otto 12. Public Service Commission William R. England, III and Paul A. Boudreau 13. Intrastate Transportation by Motor Vehicle Stephen G. Newman David E. Woodside (Supp.) 14. State Tax Commission R. Randall Turley and Aimee L. Smashey 15. Department of Revenue Department of Revenue Staff 16. Employment Security Law Ninion S. Riley 17. Administrative Procedures Under Civil Rights Laws Sandra L. Schermerhorn and James M. Paul 18. Department of Social Services Department of Social Services Staff Department of Health and Senior Services Staff (Supp.)

Forms on CD-ROM

Contents 1. Introduction Kent L. Brown 2. Administrative Rules and Rulemaking Gary W. Duffy 3. Agency Adjudication— Contested and Noncontested Cases John D. Landwehr, Lowell D. Pearson, and Kent L. Brown 4. Judicial Review Paul M. Spinden

19. Education Law Keith R. Powell and Kristen K. Morrow Kelli Hopkins (Supp.) 20. Gaming Commission Kurt P. Valentine 21. Agency Summaries Jane A. Rackers 22. Federal Procedure and Review David R. Tripp and David A. Linehan Andrew L. Schulkin (Supp.) 23. Immigration and Naturalization Practice Lilian C. Fernandez

Details and Price
2 vols. (3rd ed. 2000) 1,019 pp. plus 2003 Supp., 152 pp.

$225

4

MoBarCLE Publications
Adoption Law and Practice
Adoption Law and Practice is an expanded and updated version of chapters previously included in MoBarCLE’s Family Law and Juvenile Law deskbooks. The stand-alone deskbook incorporates the latest caselaw and statutory changes to the Adoption Code. While adoptions are often uncontested, the authors identify problem areas to watch for and offer practical guidance for navigating trouble spots to ensure the finality of the adoption decree. Learn how to properly serve process on all necessary parties, known or unknown. Learn who can intervene in an adoption proceeding. Learn the requirements for a valid consent and in what circumstances consent can be revoked. Find out what subsidies and tax credits are available to adopting families and the importance of complying with the UCCJA, the Indian Child Welfare Act, and the Interstate Compact on the Placement of Children. Whether you are a seasoned adoption attorney or new to the field, this deskbook is full of valuable resources to sharpen your knowledge of the law and reduce the amount of time you spend drafting all of the necessary documents. The 2008 supplement includes discussions of the overlap between adoption proceedings and termination of parental rights proceedings and the rights of putative or unknown fathers. The supplement also includes new information about the Hague Convention on Intercountry Adoption, which has significantly changed the way international adoptions are handled. The forms CD-ROM includes more than 30 sample forms: worksheets, petitions, consents, decrees, and more! Order yours today!

Contents 1. Introduction Martin Schiff, Jr. and Timothy B. Brassil 2. Practice and Procedure Martin Schiff, Jr. and Timothy B. Brassil 3. Equitable Adoption Martin Schiff, Jr. and Timothy B. Brassil 4. International Adoption Rodolfo Rivera 5. Forms Martin Schiff, Jr., Timothy B. Brassil, and Rodolfo Rivera

Forms on CD-ROM

Details and Price
(2004) 166 pp. plus 2008 Supp., 23 pp.

$125

You’ll be satisfied with our books . . . we guarantee it.
Return privileges apply on all books and supplements. If for any reason you are not satisfied with a book or supplement, simply return it in undamaged, unmarked condition within 30 days. Your money will be refunded promptly.

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MoBarCLE Publications
Appellate Court Practice
Appellate advocacy presents 3. Trial and Posttrial Motions unique challenges and decisions Affecting Appeals in Civil for attorneys. Missouri Appellate Cases Court Practice, now in its fifth ediP. Pierre Dominique and tion, provides valuable guidance and J. Christopher Spangler answers. The authors go beyond 4. Settlement Conferences setting out the substantive issues Richard L. Schnake and procedural requirements so 5. Record on Appeal important to the appellate process; Janet M. Thompson they draw on their vast experience 6. Briefs to provide down-to-earth advice Alana M. Barragán-Scott about everything from realistically 7. Oral Argument assessing the chances for success James R. Layton on appeal to how to best present an Cheryl C. Nield (Supp.) exhibit during oral argument. Cov- 8. Motion Practice in Appellate erage includes the Supreme Court Court of Missouri, all three districts of the Colleen Joern Vetter Missouri Court of Appeals, and the 9. Sanctions for Frivolous Eighth Circuit Court of Appeals. Appeals For a list of the forms on the CDJoy I. Hannel ROM, visit our online CLE Publica- 10. Criminal Appeals and tions Bookstore at www.mobarcle. Postconviction Remedies org. Randall D. Eggert 11. Rehearings, Transfers, and Contents Certiorari—Missouri and Federal 1. Initial Considerations: Bryan E. Nickell Evaluating a Case for 12. Practice Before the United Appeal; Ethical States Court of Appeals for Considerations on Appeal; the Eighth Circuit New Counsel on Appeal? William E. Quirk Dennis Owens 13. Writs of Mandamus and 2. Appeals—Who, What, When, Prohibition Where, and How James W. Erwin Mark G. Arnold

Forms on CD-ROM
14. Quo Warranto Susan Ford Robertson 15. Habeas Corpus S. Paige Canfield and Christine E. Rollins

Details and Price
(5th ed. 2002) 480 pp. plus 2007 Supp., 207 pp.

$195

Discounts MoBarCLE offers the following discounts on full price orders: 2 titles - 10% 4 titles - 20% 6 titles or more - 30% Complete Library We also offer a complete library price of $4,500. A savings of over 50% off individual title prices.
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MoBarCLE Publications
Bankruptcy Practice
This 2-volume set is critical for attorneys who practice bankruptcy law, especially those who do not practice it exclusively, and for those who practice in areas where bankruptcy issues can arise, including creditors’ and debtors’ counsel. The authors include judges, professors, trustees, and practicing attorneys. You’ll find discussion of the BAPCPA, practice notes and tips, charts, checklists, examples, and sample forms. The book begins with a helpful overview chapter that covers such issues as reasons to consider bankruptcy, which type to choose, finding the courthouse, fee schedules, and resource materials. The second chapter covers jurisdiction, venue, procedure, appeals, and other matters. Learn what property is property of the bankruptcy estate, which property is specifically included, which is exempted or excepted, and which property there is a question about. Find coverage of discharge, dischargeability of debts, reaffirmation agreements, and enforceability of liens following discharge. Learn about stays on creditor actions, including automatic stays and exclusions from automatic stays, the duration of stays, how to get relief from stays, and effects of violations of stays. Find out about the trustee’s avoidance powers toward preferential transfers. Learn the priorities of claims and about cram down. Compare Chapter 7, 11, 12, and 13 bankruptcies—what they are, how they differ, when they apply— and learn about the right of conversion. Find chapters on involuntary bankruptcies, secured claims, executory contracts and unexpired leases, employment of professionals, and the United States Trustee Program. This edition also includes new chapters on tax issues in bankruptcy, litigation in bankruptcy, and electronic case filing—covering everything from logins and passwords to menu options to how to contact the help desk. And the book comes with a full-text, fully searchable CD-ROM that also includes the sample forms in wordprocessing format. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. Contents 1. Overview of Title 11 Charles E. “Sketch” Rendlen, III 2. Jurisdiction, Procedure, Appeals, and Related Matters Steven N. Cousins and Susan K. Ehlers 3. Property of the Estate Ronald S. Weiss and Max Jevinsky 4. Discharge and Dischargeability Seth A. Albin, Brian W. Hockett, and Gwendolyn Froeschner Hart 5. Stays A. Thomas DeWoskin and Teresa A. Generous 6. Avoiding Powers Cassandra L. Writz, Cynthia Dillard Parres, and Lee J. Viorel, III 7. Chapter 7 Bankruptcies Charles W. Riske, Kevin Checkett, and Kathy A. Surratt-States 8. Chapter 11 Case Administration Scott J. Goldstein, Lisa A. Epps, Joel Pelofsky, and David A. Warfield 9. Confirmation and Cram Down of Chapter 11 Plans David A. Lander, Cynthia F. Grimes, Jennifer A. Merlo, Dennis R. Dow, and Laurence M. Frazen 10. Chapter 12 Bankruptcies Joel Pelofsky and Paul H. Berens 11. Chapter 13 Bankruptcies Volunteers and Staff 12. Involuntary Bankruptcies Wendi S. Alper-Pressman and Jerald S. Enslein 13. Secured Claims in Bankruptcy Cases Abigail B. Willie

Full-Text CD-ROM
14. Executory Contracts and Unexpired Leases Gregory D. Willard, Mark G. Stingley, David M. Unseth, and Michelle M. Masoner 15. Employment of Professionals Gary D. Barnes and Arthur B. Federman 16. Tax Issues Arising in Bankruptcy Michelle Arnopol Cecil 17. An Overview of Bankruptcy Litigation Jerry W. Venters 18. The United States Trustee Program Charles E. “Sketch” Rendlen, III 19. Bankruptcy Filing—Electronic Case Filing Dana C. McWay, Sandra F. Louis, Paula C. Acconcia, and Roberta Kostrow

Details and Price
2 vols. (2nd ed. 2007) 1,040 pp.

$245

7

MoBarCLE Publications
The first book published in the MoBar CLE’s Business and Corporate Law Series, Missouri Business Transitions guides the practitioner through the changes in the life of a business. This book will help you help your clients reach their goals. The authors explain tax considerations and estate planning aspects and highlight dissolution, liquidation, sale, and merger issues. And the 2009 supplement includes statutory updates, including the American Recovery and Reinvestment Act of 2009; new sections on freeze-out mergers, nonsolicitation covenants, and corporate reoganization of identically owned corporations; and new sections discussing the state of the economy. The book includes a full-text, fully searchable CD-ROM that also includes over 100 pages of sample forms and checklists. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Business Transitions

Contents 1. Internal Corporate Readjustments Richard N. Nixon, John W. Finger, and J. Kyle McCurry Jason L. Nonnemaker (Supp.) 2. Tax Law Governing Internal Corporate Readjustments John P. Barrie and Dana A. Lasley

3. Estate Planning Aspects Kimberly S. Zellmer Christine H. DeMarea (Supp.) 4. Corporate Law Aspects of 2009 Voluntary Dissolutions and Supplement Liquidations Dale A. Werts and Sean A. Power Kristen V. Toner (Supp.) 5. Involuntary Dissolutions and 10. Taxable Sale or Acquisition of a Liquidations Corporation Richard W. Engel, Jr. and Ben W. Hobert David W. Braswell Molly J. Maurin (Supp.) Callan F. Yeoman (Supp.) 11. Nontaxable Acquisition or 6. Tax Aspects of Corporate Disposition of a Corporation Liquidations George F. Crawford and Dana A. Lasley Christopher C. Fairchild 7. Patterns of Sale Ben W. Hobert and Molly J. Maurin Jacob C. Young, III, (Supp.) Michael J. Van Dyke, and Mitchell E. Albert 8. Sale or Merger Details and Price Geetha Rao Sant 9. Securities Law Aspects of (2005) 672 pp. Corporate Reorganizations plus 2009 Supp., 73 pp. Mark D. Murphy

Full-Text CD-ROM

$195

Corporate Organization and Operation
Missouri Corporate Organization and Operation provides practical direction through the potential pitfalls of setting up and operating a corporation. This book equips the practitioner to handle tax, financing, and control issues and to advise clients on officer, director, and shareholder duties, rights, responsibilities, and liability. Learn the advantages and disadvantages of debt and equity financing, exemptions to securities registration, and about the Sarbanes-Oxley Act. Read an analysis of incorporating in Missouri versus incorporating in Delaware. The book includes a full-text, fully searchable CD-ROM that also includes sample forms and checklists. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org.

Contents 1. General Considerations Benjamin H. Hulsey and Thomas E. Proost
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2. Articles of Incorporation and Bylaws Peter Mirakian, III 3. Tax Considerations of Organizing a Corporation Kenneth K. Wright 4. General Corporate Actions and Operations Daniel A. Peterson 5. Financing the Business Mark L. Stoneman 6. Securities Regulation Kathleen S. Schoene, Steven E. Pozaric, and Meredith M. Todd Joseph S. von Kaenel and Jill R. Polk (Supp.) 7. Selection of Control Mechanisms Dale A. Werts and Sean A. Power Kristen V. Toner (Supp.)

Full-Text CD-ROM
2009 Supplement
8. Fiduciary Duties, Rights, and Responsibilities Michael L. McCann and Kristine M. Becker Emily Marriott Taylor (Supp.) 9. Tax Aspects of Corporate Operation John W. Simpson 10. Foreign Corporations Susan Z. Gamble

Details and Price
(2005) 466 pp. plus 2009 Supp., 31 pp.

$195

MoBarCLE Publications
Specialized Business Entities
Missouri Specialized Business Entities navigates the alphabet soup of business entities: S corporations, C corporations, PCs, LLCs, LPs, LLPs, LLLPs, and others. Learn the attributes of these and other entities and when each is advisable for you or your client. This publication explains the differences in tax treatment and liability and even provides estate planning and business valuation guidance. It discusses the legal, tax, business, and management considerations you need to weigh. You’ll learn the 10 instances when the transfers of shares of a Missouri SCC are not subject to a right of first refusal, the 5 items that must be listed on a certificate of limited partnership, and the 2 major types of tests to be applied when considering a request for substantive consolidation of related entities. You’ll be guided through the formation of a nonprofit corporation and discover whether Missouri law requires an LLP engaging in the business of providing professional services to carry malpractice liability insurance. The book includes a full-text, fully searchable CD-ROM that also includes sample forms and checklists. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org.
Contents 1. Selection of a Business Entity Benjamin H. Hulsey and Thomas E. Proost 2. Nonprofit Corporations James R. Dankenbring and James R. Loranger 3. Professional Corporations Joseph P. Giljum 4. Partnerships Guy A. Schmitz and Larry K. Harris Joseph D. Demko (Supp.) 5. Limited Liability Companies James M. Selle and William F. Koenigsdorf 6. Limited Liability Partnerships Philip N. Krause 7. Statutory Close Corporations James R. Dankenbring and James R. Loranger 8. Estate Planning for Shareholders of Closely Held Corporations Lawrence Brody and Dave Cornfeld

Full-Text 2009 Supplement CD-ROM
9. Special Purpose Entities Richard W. Engel, Jr. and Bruce D. LeMoine 10. Planning Employee Benefits Thomas R. Brous and Philip C. McKnight Thomas R. Dowling (Supp.)

Detail and Price
(2006) 527 pp. plus 2009 Supp., 53 pp.

$195

Business and Corporate Law Series
• Business Transitions • Corporate Organization and Operation • Specialized Business Entities

Purchase all three for $485! A $100 savings! Call 1-888-253-6013.
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MoBarCLE Publications
Civil Procedure
Missouri Civil Procedure is an annotated version of Supreme Court Rules 41 through 79, the rules governing civil procedure in Missouri courts. This third edition is expanded and reformatted with outlines and additional headings to make it even easier to use. Included are the text of the Rules; historical notes; cross-references to statutes, Federal Rules of Civil Procedure, and other resources; time constraints; comments; charts; and sample forms. The comments sections include citations to cases, statutes, and other authority to provide a clear understanding of these Rules and how Missouri courts interpret them. This is a book you will use almost daily. This edition includes Rule changes adopted in the summer of 2007 and effective January 1, 2008. And the book comes with a full-text, fully searchable CD-ROM that also includes forms in word-processing format. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. Contents 1. Rules 41–50 Robert L. Wehrman, Linda C. McFee, and Jason L. Buchanan 2. Rule 51 Phebe La Mar and Fred W. Crouch 3. Rule 52 Michael J. Kleffner, Eleanor A. Dorothy, John M. Kilroy, Jr., Travis L. Salmon, and Michael J. Gallagher 4. Rule 53 Douglas K. Rush 5. Rule 54 Douglas K. Rush and David G. Kullman 6. Rule 55 Wm. Dirk Vandever, Mark A. Buchanan, John A. Michener, and Louis A. Cohn 7. Rule 56 Glenn E. Bradford 8. Rules 57, 58, and 59 Michael J. Mohlman 9. Rule 60 Terry M. Jarrett 10. Rule 61 Mary R. Russell, Paul V. Herbers, and Louis A. Cohn 11. Rule 62 Louis A. Cohn 12. Rules 63 and 64 Susan Ford Robertson 13. Rule 65 Douglas K. Rush 14. Rule 66 Bryan D. Schneiderer 15. Rule 67 Alana M. Barragán-Scott 16. Rule 68 Jim S. Green 17. Rule 69 Heather L. Rooney 18. Rule 70 Robert T. Adams, David M. Woods, and Angela M. Splittgerber 19. Rule 71 Susan Ford Robertson 20. Rule 72 Curtis E. Woods 21. Rule 73 George R. Ripplinger, Jr. 22. Rule 74 Emily W. Little

Full-Text CD-ROM
23. Rule 75 Alana M. Barragán-Scott 24. Rule 76 Carla R. Counsil 25. Rule 77 Phebe La Mar 26. Rule 78 Curtis E. Woods 27. Rule 79 George R. Ripplinger, Jr.

Details and Price
2 vols. (3rd ed. 2007) 1,289 pp.

$245

10

MoBarCLE Publications
Civil Trial Practice
From initial contacts with the client and investigating the case through instructions and final arguments, this deskbook gives practical step-by-step advice on how to prepare and conduct civil trials in Missouri. Separate chapters on voir dire and jury selection, file organization and final preparations, pleadings, expert witnesses, and many other topics make this book a must have for trial lawyers. Written by skilled Missouri attorneys, this book contains many forms and checklists—including a forms CD-ROM—and is an invaluable guide through litigation. The book includes three new sample fee agreement forms prepared by The Missouri Bar Fee Dispute Resolution Committee, the Office of Chief Disciplinary Counsel, and The Bar Plan. The 2008 supplement includes the December 2008 updates to these forms along with changes to the venue statutes, MAIs, and the Rules of Civil Procedure. For a list of forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. Contents 1. Initial Contacts With the Client Dale C. Doerhoff 2. Investigation and Preparation William W. Francis, Jr. 3. Jurisdiction, Venue, and Service Brian J. Doherty 4. Pleadings Susan Ford Robertson Christian L. Faiella (Supp.) 5. Settlement Procedures Karl W. Blanchard, Jr. and Phillip D. Greathouse 6. Organizing the File and Final Trial Preparations Thomas G. Strong and Jeffrey W. Bates Keith A. Cutler (Supp.) 7. Voir Dire and Jury Selection Stephen R. Woodley Thomas K. Neill (Supp.) 8. The Opening Statement Thomas C. DeVoto 9. Presenting the Evidence Paul J. Passanante 10. Cross-Examination Gary B. Brewer 11. Making and Preserving the Record Valerie G. Lipic 12. Instructions James W. Erwin 13. Final Argument Jack D. Rowe and Patrick M. Gavin 14. Motions for New Trial in Civil Jury Cases P. Pierre Dominique and J. Christopher Spangler 15. Nonjury Trials John E. Cozean 16. Expert Witnesses Valerie G. Lipic

Forms on CD-ROM

Details and Price
(3rd ed. 2002) 557 pp. plus 2008 Supp., 104 pp.

$195

11

MoBarCLE Publications
Commercial Law
Missouri Commercial Law provides comprehensive, well-organized coverage of the topics listed in the table of contents below. If you represent buyers of goods, sellers of goods, or banks, or face the issues listed below, you should own this new deskbook. Learn about the remedies and warranties involved in a saleof-goods transaction and about merchantability, puffing, anticipatory repudiation, liquidated damages, and specific performance. Find the requirements and categories of negotiable instruments and determine the rights and status of holders, defenses, and the liability of parties. Learn the rights and responsibilities of banks in transactions, look at a sample transaction, find a list of warranties, and find coverage of customer issues such as overdrafts, stop-payment orders, forgery, etc. Find out about Check 21 and the requirements of electronic check processing. Get a jump start on your research on franchise, licensing, and distributorship issues. Find lists of the factors courts consider in antitrust actions. Learn the elements of state and federal securities fraud actions. Get the elements, causes of action, and jury instructions in bailment and negligent entrustment cases. Missouri Commercial Law is a practical guide for Missouri attorneys. It includes practice suggestions, lists, charts, references to other resources, and sample documents. And the book comes with a full-text, fully searchable CD-ROM. Contents 1. Remedies and Warranties Under UCC Article 2 Clark H. Cole and Jeffrey L. Schultz 2. UCC Article 3—Negotiable Instruments Thomas J. Niemann and John W. Rourke 3. UCC Article 4—Bank Deposits and Collections Mark Hargrave 4. Check 21 Kristin E. Weinberg 5. Distributor, License, and Franchise Actions Dennis D. Palmer 6. Missouri Antitrust Actions: An Overview Glenn E. Davis, Deanna M. Wendler Modde, and Brent M. Covington 7. Securities Fraud Litigation Patrick T. Morgan 8. Bailments and Negligent Entrustment David V. Kenner

Full-Text CD-ROM

Details and Price
(2007) 468 pp.

$195

12

MoBarCLE Publications
Condemnation Practice
Missouri overhauled its condemnation statutory scheme in 2006. This deskbook covers those statutory changes and the resulting caselaw and MAI changes. Practicing without knowledge of these changes could result in serious mistakes. This book provides comprehensive, step-bystep coverage of condemnation practice. It was written by Missouri attorneys who share their experience, expertise, and practical advice through the deskbook. Learn the four stages of a condemnation proceeding and the sources and limitations of condemnation power. Learn the procedure of a condemnation proceeding and the requirements for a finding of blight. Learn the requirements, tactics, and procedures for a commissioners’ hearing. Get answers to your most important questions. What are the implications of Kelo and Missouri’s response? When can property be taken for economic development? Who are the necessary parties, and what are their rights? What is the effect when property is sold after it is condemned? What are the four prerequisites to establish jurisdiction for an order of condemnation? What are a condemnor’s four basic choices after the commissioners’ report is filed? How and when is a property valued? What is the effect of heritage and homestead value? What damages are available? What is the maximum injury rule? When does a party file exceptions? What relocation assistance is available? How and to whom is an award distributed? What are the federal tax implications? What are the property owner’s rights if the condemnation is abandoned? This deskbook includes separate chapters on inverse condemnation and federal condemnation. There is even a forms appendix of over 120 pages with over 70 sample forms. Whether you are representing a property owner, a condemning authority, a commissioner, or are appointed GAL for unknown parties, this book is an indispensable resource. A fulltext, searchable CD-ROM that also contains the sample forms is included with the book.

Contents 1. Overview—Source of Power and Missouri Condemnation Procedure Gregory F. Hoffmann and Susan G. Crigler 2. Necessary Parties and Rights Acquired Jason D. Saey, Pamela J. Meanes, and Brian C. Stone 3. Condemnation Hearing and Challenging the Right to Condemn Gerard T. Carmody, Derek A. Ward, and Timothy F. McCurdy 4. Commissioners’ Hearing and Report R.B. Regan and Stanley J. Wallach 5. Abandonment or Payment of Award, Right to Possession, and Relocation Assistance Paul G. Henry and Jason D. Saey 6. Distribution of Commissioners’ Award Michael L. Jackson, Sarah E. Giboney, and Paul G. Henry 7. Federal Income Tax Considerations Donald S. Singer and David L. Rein, Jr. 8. Litigating the Exceptions Case: Pretrial Discovery and Trial Stanley J. Wallach and R.B. Regan

New Edition

Full-Text CD-ROM

9. Valuation Jerome Wallach, Robert Denlow, JoAnn Tracy Sandifer, and Philip E. Morgan, Jr. 10. Federal Condemnation Procedure Gregory F. Hoffmann and David L. Rein, Jr. 11. Inverse Condemnation Paul G. Henry and John W. Koenig, Jr. 12. Forms Appendix Paul G. Henry and Jason D. Saey

Details and Price
(4rh ed. 2009) 489 pp.

$195

13

MoBarCLE Publications
Construction Law
The unique and technical character of the construction industry and the law surrounding it create complex considerations and problems for owners, contractors, design professionals, and the attorneys who represent them. In this deskbook, prominent and experienced construction law attorneys provide practical and comprehensive guidance for the difficult issues that arise before, during, and after the construction process on topics ranging from bidding to bonds to employment issues. Marc T. Richardson served as the chair of this successful second edition. Contents 1. Construction Contracts: Risk-Shifting Devices Richard A. Stockenberg William S. Thomas, Derek P. Ruzicka, and Katrina L. Smeltzer (Supp.) 2. Bidding—Federal and State Procurements Susan Linden McGreevy and Paul J. Odum Michael E. Callahan and Kurtis L. John (Supp.) 3. Legal Issues in Design/Build G. William Quatman 4. Construction Insurance Terry J. Galganski 5. Prompt Payment Acts: Missouri and Federal Sherman A. Botts and Kenton E. Snow 6. Building Regulations Thomas J. Niemann, Bernard A. Reinert, and John W. Rourke Benjamin J. Hegvik (Supp.) 7. Environmental Issues Rudolf H. Beese 8. Change, Time, and Termination Matthew R. Hale 9. Missouri Mechanic’s Liens and Other Construction Liens Robert J. Guinness 10. Performance, Payment, and Bid Bonds Bernard L. Balkin and Keith Witten 11. Liability of Design Professionals Kenneth A. Slavens 12. Contractor Delay, Disruption Claims, and Damages Rod L. Eisenhauer and Duane J. Fox Gregory S. Gerstner (Supp.) 13. Dispute Avoidance and Alternative Dispute Resolution Samuel M. Wendt Fredrick J. Ludwig (Supp.) 14. Bankruptcy and Construction J. Dennis O’Leary and Lester J. Hubble 15. Labor and Employment Law Issues for the Construction Industry W. Terrence Kilroy, Julie A. Elston, and David M. Kight Jay M. Dade (Supp.) 16. Indefinite Delivery Contracts Denise E. Farris

Forms on 2009 Supplement CD-ROM

Details and Price
2 vols. (2nd ed. 2004) 966 pp. plus 2009 Supp., 165 pp.

$245

14

MoBarCLE Publications
Contracts
Missouri Contracts is a comprehensive resource on contract law in Missouri. It provides answers to your most pressing questions. What are the requirements for a valid contract? What are the elements of breach of contract? What are the defenses to breach of contract? What are the nuts and bolts of litigating a breach of contract claim? When must a contract be in writing? How do you measure damages for breach of contract? When can specific performance be required? How have courts handled the issues that arise in third-party beneficiary contracts? Can a contract right or obligation be assigned to a third party, and how is that accomplished? What is a quasi-contract, and how have courts handled quasi-contract issues? What special issues should be considered when drafting construction contracts, real estate contracts, and employment contracts? Find answers to these questions and more. Missouri Contracts comes with a full-text, fully searchable CDROM. Contents 1. Formation James F. Freeman, III and Allen G. Jones 2. Interpretation and Construction Bradford B. Lear and Todd C. Werts 3. Enforcement Mark P. Jones 4. Remedies Thomas J. Niemann and John W. Rourke 5. Third-Party Rights Peter H. Love 6. Quasi-Contracts James E. Meadows 7. Litigating Breach-of-Contract Claims Thomas K. Riley 8. Special Drafting Considerations Susan Linden McGreevy and Paul J. Odum

Full-Text CD-ROM

Details and Price
(2007) 311 pp.

$125

The Missouri Bar Continuing Legal Education is entirely self-supporting. MoBarCLE receives no part of member dues. The only sources of revenue are program registration fees and publications sales.
15

MoBarCLE Publications
Creditors’ Remedies
This practical how-to book covers the mechanics of execution, garnishment, attachment, collections, replevin, and the other creditors’ remedies listed in the table of contents below. Learn the step-by-step procedure for mechanic’s liens and the procedural prerequisites—such as time limits, contents of the notice, and contents of the filing—that have to be met for the lien to be effective. Find a detailed checklist for replevin, including a sample demand letter and uses of a temporary restraining order. Get practical advice on filing systems, ledger sheets, and demand letters. Learn how to comply with the Fair Debt Collection Practices Act and what to do if the debtor files bankruptcy. Find information on the Missouri UCC and many sample forms. A full-text, searchable CDROM that also contains the sample forms is included with the book. Contents 1. Judgments Darry Gene Sands 2. General Executions Wendi S. Alper-Pressman 3. Garnishments Jerry W. Venters and Robert S. Baran 4. Attachments Ronald S. Weiss and Tracee L. Stout 5. Mechanic’s Liens Sherman A. Botts 6. Priorities Among Claims and Liens Nicholas A. Franke 7. Fraudulent Transfers, Receivers, and Lis Pendens Brian K. Asberry 8. Replevin Kathy A. Surratt-States, Robert E. Eggmann, and Anne C. Justice 9. Assignment for the Benefit of Creditors Mark W. Bartolacci and Allison E. Graves 11. Handling Collections David R. Gamache and Mary K. Mazanec

New Edition

Full-Text CD-ROM

Details and Price
(6th ed. 2009) 391 pp.

$195

Order online at www.mobar.org Questions? E-mail us at cle@mobar.org
16

MoBarCLE Publications
Criminal Practice
This deskbook covers criminal practice from arrest through postconviction remedies. It is loaded with practical advice. It provides an overview of the criminal law in Missouri and helpful practice tips, checklists, and forms to guide attorneys through the practical considerations of criminal cases. You’ll find suggested voir dire questions, and the 2005 fourth edition adds an important new chapter on Drug Courts and Mental Health Courts. A full-text, searchable CD-ROM that also contains nearly 100 word-processing forms is included with the book. This 3-volume set is indispensable both for attorneys who regularly practice criminal law and for those who need a quick overview for the occasional criminal case. It is an important research tool, a quick reference, and a vital addition to any Missouri legal library. The 2008 Supplement includes the latest developments in DNA testing, including what must be shown to get testing ordered for potential exoneration. The supplement covers enhanced sentencing requirements for repeat DWI offenders and has new sections on selective waiver of attorney-client privilege and work product protection, anticipatory search warrants, mitochondrial DNA testing, paternity testing, cyber stalking and cyber harassment, credit for time served when determining eligibility for parole, and constitutional issues in “problem-solving” courts like drug courts. The supplement has citations to more than fifty 2008 cases and updates on legislation. Contents 1. Arrest and Custodial Detention Matthew J. O’Connor 2. Release From Custody Donald L. Wolff and Paul J. D’Agrosa 3. Investigation and Marshalling the Facts Other Than Formal Discovery James H. Worthington 4. Indictments, Informations, and Grand Jury Proceedings Gregory W. Vleisides and Catherine A. Donnelly 5. Representing Clients Before Investigative Bodies Thomas M. Bradshaw and Amy E. Engel Vanessa M. Riebli (Supp.) 6. Preliminary Hearings Robert L. Fleming 7. Discovery by Right or Through Court Action S. Kristina Starke 8. Jurisdiction, Venue, and Disqualification of Judges Robert W. Russell 9. Search and Seizure Ellen Y. Suni Rebecca J. Grosser (Supp.) 10. Identification Gerald M. Handley and Cynthia A. Dryden 11. Statements of a Defendant Randall D. Eggert 12. Miscellaneous Motions (Other Than to Suppress), Proceedings, and Writs Tina M. Crow Halcomb 13. Motions to Dismiss Susan M. Elliott 14. Defenses Kevin P. O’Brien 15. Mental Factors Earl F. Seitz 16. Plea Bargaining Kent E. Gipson 17. Final Trial Preparation by the State Richard G. Callahan 18. Final Trial Preparation for the Defense Dee Wampler and Joseph S. Passanise 19. Misdemeanors Rose Ann Feldman 20. Trials James R. Robison 21. Voir Dire and Jury Selection Sean D. O’Brien 22. Opening Statements Keith M. Bail and Chastidy Dillon-Amelung Linda Lemke (Supp.) 23. Evidence S. Paige Canfield 24. Instructions Sean D. O’Brien

Full-Text CD-ROM
25. Closing Argument Timothy W. Jones 26. After-Trial Motions Phillip R. Gibson and Joseph W. Luby Ellen Y. Suni (Supp.) 27. Sentencing Penny J. Umstattd-Cope 28. Probation, Parole, and Other Alternative Sentences Patricia Harrison 29. Appeals Randall D. Eggert 30. Retrials and Double Jeopardy Kris T. Daniel 31. Post-Conviction Remedies James R. Wyrsch and W. Brian Gaddy Nathan J. Owings and Greg Mermelstein (Supp.) 32. Ethical Considerations Bruce C. Houdek 33. Forfeitures in Criminal Cases H. Morley Swingle 34. Drug Courts and Mental Health Courts Christine Carpenter

Details and Price
3 vols. (4th ed. 2005) 1,574 pp. plus 2008 Supp., 296 pp.

$325

17

MoBarCLE Publications
Damages
More than 50 leading practitioners from a wide range of practice areas have contributed to this important deskbook, which not only discusses the specifics of evaluating damages in many different types of cases but also addresses issues such as punitive damages, apportionment, remittitur and additur, and expert witnesses. And the 2005 cumulative supplement reflects 2005 legislative changes. No matter what your area of practice, you and your clients will benefit from the expertise that will be available at your fingertips with Missouri Damages. Contents 1. Damages Generally Sandra J. Wunderlich 2. Medical, Hospital, and Related Damages Frank M. Evans, III 3. Pain and Suffering Mathew W. Placzek Jenifer M. Placzek (Supp.) 4. Emotional Distress John K. Sherk, III and Micah L. Hobbs Jon A. Strongman (Supp.) 5. Loss of Earning Capacity Mathew W. Placzek Jenifer M. Placzek (Supp.) 6. Damages Available Upon Wrongful Termination of Employment Marsha B. Fischer 7. Consortium and Derivative Claims James E. Hullverson, Jr. and Stephen R. Bough H. Kent Desselle (Supp.) 8. Preexisting Conditions; Future Disease, Defect, and Damage; Loss of a Chance James R. Bartimus and Stephen M. Gorny 9. Damage to Real Property Valerie M. Sieverling 10. Environmental Law and Toxic Torts Edwin L. Noel, Lisa A. Larkin, and Krista M. Schwarting Laura L. McLaughlin (Supp.) 11. Damages to Personal Property Brian T. McCartney 12. Reputational Damages Joseph E. Martineau and David B. Helms 13. Contractual Actions Robert J. Golterman Aaron L. Pawlitz (Supp.) 14. Loss of Profits John S. Sandberg 15. Trademark, Copyright, and Patent Actions Gregory E. Upchurch Mark E. Books (Supp.) 16. Statutory Actions for Damages George E. Leonard Heather A. Suve (Supp.) 17. Vexatious Refusal to Pay Insurance Claims Monte P. Clithero Julia Sommer Grus (Supp.) 18. Wrongful Death Robert F. Ritter, Stephen R. Woodley, and Morry S. Cole 19. Punitive Damages R. Dan Boulware and Todd H. Bartels 20. Attorney Fees and Interest Clark H. Cole and Theresa L. Heitz Jacqueline Ulin Levey (Supp.)

21. Use of an Expert in Proving Damages John D. Wooddell and Jeffrey W. Bates Robert S. Bruer (Supp.) 22. Apportionment of Damages Sandra J. Wunderlich 23. Remittitur and Additur Barbara Glesner Fines Ginger K. Gooch (Supp.) 24. Special Problems Ronald R. McMillin Paul T. Graham (Supp.)

Details and Price
2 vols. (2nd ed. 2001) 852 pp. plus 2005 C. Supp., 191 pp.

$245

18

MoBarCLE Publications
Discovery
Missouri Discovery covers a crucial aspect of trial practice and is an important component of the MoBarCLE library. The authors begin with in-depth coverage of the scope of discovery and continue with chapters focusing on the various discovery methods as shown in the table of contents below. Attorneys of all experience levels will benefit from the practical, well-organized discussion of court rules and caselaw, making the book a handy reference and important resource. Included with the book is a CDROM containing the sample forms in the deskbook. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org. Contents 1. Introduction Katherine Clendenin Lemley Seema Chawla (Supp.) 2. Scope of Discovery Katherine Clendenin Lemley Seema Chawla (Supp.) 3. Interrogatories Katherine Clendenin Lemley Seema Chawla (Supp.) 4. Depositions Katherine Clendenin Lemley Seema Chawla (Supp.) 5. Discovering Evidence for Trial Through Production of Documents and Things and Entry Upon Land R. Denise Henning Jeff R. Scurlock (Supp.) 6. Discovering Evidence for Trial Through Requests for Admission R. Denise Henning Jeff R. Scurlock (Supp.) 7. Discovering Evidence for Trial Through Physical and Mental Examinations R. Denise Henning Jeff R. Scurlock (Supp.) 8. Miscellaneous Matters Katherine Clendenin Lemley Seema Chawla (Supp.) 9. Forms Katherine Clendenin Lemley Seema Chawla (Supp.)

Forms on CD-ROM

Details and Price
(2003) 196 pp. plus 2007 Supp., 24 pp.

$125

19

MoBarCLE Publications
DWI Law and Practice
DWI cases can be complex and Contents confusing. Missouri DWI Law and 1. Chemical Test Refusal Cases Practice is the resource you need to John F. Newsham, clarify this area of the law and proElisa K. Robinson, and vide answers for you and your client. David L. Naumann Our authors and reviewers include 2. Client Counseling Issues attorneys who have prosecuted and Robert W. Miller, Jeffrey R. Dahl, defended these cases, judges, and and Jill T. Roberts Department of Revenue staff. They 3. Criminal Ramifications of DWI discuss the cases, statutes, regulaRita K. Sanders tions, procedure, and practice points Paul J. D’Agrosa (Supp.) involved in handling DWI cases. 4. Civil and Insurance Find out about the criminal, civil, Consequences of DWI administrative, and insurance ramifiJoseph A. Cambiano, Ben T. Schmitt, and Cullen Cline cations of DWI. Learn about SATOPs, ignition interlock devices, Alcohol 5. Overview of Substantive Law Regarding DWI Influence Reports, breathalyzers, Rusty Antel field sobriety testing, chemical test 6. Search and Seizure Issues refusal cases, NHTSA, limited drivKatharine Shepherd Porter ing privileges, SR-22s, and much Tina M. Crow Halcomb (Supp.) more. There are even specific chap7. Experts and the Science of ters on driving under the influence of Chemical Tests drugs, commercial drivers, and boatDaniel T. Moore ing while intoxicated. Included are Jason T. Umbarger (Supp.) sample driving records, checklists, 8. Civil Sanctions online resources, and sample forms. James A. Chenault, III For a list of the forms on the 9. Abuse and Lose CD-ROM, visit our online CLE PubliTimothy R. Cisar cations Bookstore at www.mobarcle. 10. Driver’s License Suspension, org. Revocation, and Reinstatement James A. Chenault, III 11. Understanding the Client’s Driving Record Waylene W. Hiles Charles L. Gooch (Supp.) 12. Considerations in Prosecuting DWI Cases Douglas S. Pribble 13. Pre-Trial Considerations Shane L. Farrow 14. Standardized Field Sobriety Testing and CrossExamination of the Arresting Officer J. Matthew Guilfoil 15. Jury Trial Considerations Timothy W. Jones Lawrence E. Wines (Supp.)
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Forms on CD-ROM

16. Sentencing Considerations Seth D. Shumaker 17. Appeal Issues Janet M. Thompson and James A. Chenault, III 18. Multijurisdictional Issues Sarah J. Dobecki and Elisa K. Robinson 19. Federal DWI Cases Bradley S. Dede 20. Commercial Driver’s License (CDL) Law Sandra A. Mears 21. Boating While Intoxicated Cases—Compared to Driving While Intoxicated Cases Erik A. Bergmanis 22. Driving Under the Influence of Drugs Joseph A. Cambiano

Details and Price
(2004) 615 pp. plus 2007 Supp., 107 pp.

$195

MoBarCLE Publications
Elder Law
Elder law is an important and fast-developing area of the law. MoBarCLE has answered the call for information and sharing of expertise in this area with Missouri Elder Law. This deskbook provides practical advice on managing an elder law practice and for advising clients on available options and services. The comprehensive chapter on retirement benefits includes sections on Social Security, railroad retirement, military retirement, government pensions, ERISA, deferred compensation, and nonprofits. Learn about the types of trusts available to help your clients and the benefits and features of those trusts and find a discussion of specific issues concerning d4A trusts in Chapter 3, which was rewritten in 2007. Find a chapter dedicated to the areas of income tax law that have special application to the elderly or that might be of particular interest to them. The 2007 supplement to Chapter 5 is very thorough and contains coverage of the changes to Medicare, including Part D prescription drug coverage. Learn how to better advise your clients to plan for and pay for long-term care with information on what costs to plan for, types of resources available, and an algorithm for computing the cost of long-term care. The 2007 supplement includes a rewritten Chapter 7 with coverage of chang es in Medica id on the federal and state levels from the Deficit Reduction Act of 2005 and the Missouri Health Improvement Act. Find out about MO HealthNet 2007 and the Ticket to Work Health Assurance Program. Find coverage of family rights and responsibilities that arise in the elder law setting and ethical issues that attorneys need to consider when working in this area. Chapter 9 was also rewritten for 2007 and covers durable powers of attorney— including durable powers of attorney for health care, living wills, and health care directives. The deskbook also includes chapters that walk you through the process of appointing a guardian or conservator and of administering a guardianship or conservatorship. You will find chapters on nursing home residents’ rights and on elder abuse and neglect that include discussions of remedies, penalties, indicators, and protections available. You will also find chapters to help you advise your clients on housing alternatives and home and communitybased services, including the Missouri Aging Information Network (MAIN) and the Missouri Rx Plan (MoRx). This deskbook contains many lists of available resources, including online resources. Included with the book is a CD-ROM containing the sample forms in the deskbook. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. Contents 1. Managing the Elder Law Practice William G. Hammond Lois M. Zerrer (Supp.) 2. Retirement Benefits Simone A. Haberstock James Francis McCartney (Supp.) 3. Using Trusts for Persons Who Are Elderly or Disabled Craig C. Reaves 4. Income Tax Planning and Issues Lori W. Jones Joseph A. Haverstick (Supp.) 5. Medicare and Supplemental Health Insurance Barbara J. Gilchrist and Reginald H. Turnbull 6. Planning and Paying for Long-Term Care David S. Purcell 7. Medicaid in Missouri Julie A. Berkowitz 8. Family Rights and Responsibilities Lori L. Daly, Bruce E. Friedman, C. David Whipple, and Vincent K. Bates Barbara E. Hecht and David W. Whipple (Supp.) 9. Planning for Incapacity Daniel J. Cody Janet Nava Bandera (Supp.) 10. Appointment of a Guardian or Conservator Sheila M. Hayes Debra K. Schuster (Supp.) 11. Administration of Guardianships and Conservatorships Martha C. Brown 12. Nursing Home Residents’ Rights Bradley M. Herrin Mary Lou Martin (Supp.) 13. Elder Abuse and Neglect David A. McAllister Karen C. Warren (Supp.) 14. Housing Alternatives John J. Ammann 15. Home and Community-Based Services William R. Keel and David P. Sykora

Forms on CD-ROM

Details and Price
(2002) 545 pp. plus 2007 C. Supp., 296 pp.

$195

21

MoBarCLE Publications
Employer-Employee Law
This third edition of Missouri Employer-Employee Law continues the evolution of coverage of labor law in the MoBarCLE publications library. This edition has been greatly expanded and reorganized as the table of contents below shows. This two-volume book covers a broad range of topics that affect employers of all types and sizes and their employees. It includes a coverage chart of procedures before the Missouri Commission on Human Rights and procedures before the EEOC. Find comprehensive coverage of the Fair Labor Standards Act, including minimum wage, overtime, and exempt employees. Learn the 12 factors a court considers in determining whether a worker is an employee or an independent contractor and see examples of holdings of whether certain workers were employees or contractors. Find practical guidance for calculating employees’ hours worked, including whether to include break time, on-call time, training time, and travel time. Find information about unions and union activity. Find OSHA requirements, including everything from ventilation to protective equipment to scaffolding, and the mechanics of an OSHA inspection. The chapter on covenants not to compete includes examples of cases finding enforceable covenants, listed by type of employment, and a checklist for enforcing or defending a breachof-covenant claim. What are an employer’s responsibilities for protecting employees’ private health information under HIPAA? What are an employer’s recordkeeping requirements? When is an employer liable for violence in the workplace? Find answers to these questions and more. Missouri Employer-Employee Law comes with a full-text, fully searchable CD-ROM that includes sample forms. Contents

1. Introduction David M. Kight 2. Federal and State Law Governing Public Employees Sally E. Barker, Loretta K. Haggard, James C. Chostner, and Patrick K. Shinners 3. Missouri Open Meetings/ Open Records Law (Sunshine Law) James H. Klahr 4. Unemployment Compensation James R. Skain 5. Leaves of Absence James M. Paul 6. Uniformed Services Employment and Reemployment Rights Act Ferne P. Wolf 7. Fair Labor Standards Act Charles E. Reis, IV 8. Missouri Wage Payment and Commissions Acts Michael Waxenberg 9. Missouri Service Letter Statute Rosetta B. Robins and Patrice Brown 10. National Labor Relations Act: A Brief Overview William C. Martucci 11. Duty of Fair Representation G. Gordon Atcheson 12. Handbilling, Picketing, and Strikes Terry L. Potter and Paul D. Satterwhite 13. Occupational Safety and Health Act Russell C. Riggan 14. Worker Adjustment and Retraining Notification Act Teresa L. Clark 15. Privacy Issues in the Workplace—Drug Testing, Surveillance, Polygraphs, and Other Issues Amy L. Nixon

Full-Text CD-ROM

16. Immigration Issues in the Workplace Michael J. Gallagher 17. Restrictive Employment Covenants David M. Kight 18. Child Labor Laws Ira L. Blank 19. Prevailing Wage D. Shane Jones 20. Health Insurance Portability and Accountability Act Jane C. Drummond 21. Continuation of Coverage Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) Nancy Morales Gonzalez 22. Coverage Chart for Missouri and Federal Law Cyrus C. Dashtaki 23. Recordkeeping Obligations Amy R. Brown 24. Workplace Violence and Threats George L. Lenard 25. Professional Employer Organizations Denise M. Anderson

Details and Price
2 vols. (3rd ed. 2008) 841 pp.

$245

22

MoBarCLE Publications
Employment Discrimination
The first edition of Missouri Employment Discrimination grew out of and complemented Missouri EmployerEmployee Law. This second edition of Employment Discrimination has been greatly expanded and reorganized as the table of contents below shows. Coverage includes discrimination on the basis of sex, age, race, national origin, religion, and disability; the administrative process; burden of proof; sexual harassment; affirmative action; remedies; alternative dispute resolution; retaliation claims; time limits; and a chapter on e-discovery. This book is considered one of the best in the MoBarCLE library for combining the legal theory and the practical implications for both plaintiffs and defendants. It sets out the elements of claims and defenses and weighs the advantages and disadvantages of various strategies. For plaintiffs’ counsel deciding whether to pursue a claim with the EEOC, file in state court, file in federal court, or consider mediation, it brings all of the important information together in one place. It is also a great resource for defendant employers’ counsel, especially on issues such as burden of proof. Learn why there are increased filings of employment discrimination claims in state court rather than federal court. Learn the importance of the Supreme Court of Missouri’s holding in Daugherty v. City of Maryland Heights and what it said about the plaintiff’s burden of proof in state court. Find out about specific pleading requirements. Find specific and practical steps employers can take to reduce incidents of (and liability for) harassment in the workplace. Learn EEOC procedures and find a good discussion of the current state of affirmative action. Missouri Employment Discrimination comes with a full-text, fully searchable CD-ROM that includes sample forms. Contents 1. Introduction David M. Kight 2. Missouri Human Rights Act— An Overview Mark Allen Jess 3. Prohibition Against Harassment in the Workplace Susan Nell Rowe, Jennifer J. Raymond, and Doreen D. Dodson 4. Title VII of the Civil Rights Act of 1964—An Overview Robert G. Johnson 5. Gender Discrimination John A. Vering, III and Jennifer P. Kyner 6. Equal Pay Act Katherine L. Nash 7. Employment Discrimination Claims Under 42 U.S.C. § 1981 Charles S. Elbert 8. Claims Under § 1983 of the Civil Rights Act of 1866: Constitutional Rights and Public Employment David F. Barrett 9. National Origin Discrimination Mark A. Buchanan 10. Age Discrimination David M. Heimos 11. Race and Color Discrimination Nimrod T. Chapel, Jr. 12. Religious Discrimination Kerri S. Reisdorff 13. Family and Medical Leave Act Lois Spritzer 14. Disability Discrimination Under the Missouri Human Rights Act Donna L. Harper 15. Wrongful Discharge and Retaliation in Violation of Public Policy Marie L. Gockel and Lynne Jaben Bratcher 16. Sarbanes-Oxley Act of 2002 and the Employer-Employee Relationship Megan M. Belcher

Full-Text CD-ROM
17. Discrimination for Protected Concerted Activity Under the National Labor Relations Act Megan M. Belcher 18. Affirmative Action Veronica Johnson 19. Burden of Proof Daniel K. O’Toole and Gail Vasterling 20. Remedies Marilyn G. Green and Matthew R. Heeren 21. Alternative Dispute Resolution Jerome A. Diekemper 22. Electronic Discovery in Employment Cases Erin A. Webber and Phillip L. Gordon 23. Time Limits on State and Federal Employment Discrimination Claims Julia D. Kitsmiller

Details and Price
(2nd ed. 2008) 610 pp.

$195

23

MoBarCLE Publications
Environmental Law
This two-volume deskbook is produced through the work and commitment of The Missouri Bar’s Environmental and Energy Law Committee and covers common and increasingly important issues. Learn about community and worker right-to-know laws and emergency planning. Find information on Brownfields redevelopment and agricultural issues such as CAFOs and anhydrous ammonia handling and storage requirements. Get information on lead-based paints, asbestos, PCBs, and pesticides. Learn about compliance—including inspections, audits, and recordkeeping and reporting requirements—as well as civil and criminal liability and private causes of action. This book describes the impact of environmental issues on business— including corporate and real estate transactions, lender liability, and securities disclosures—and insurance coverage. This book provides information on federal and Missouri state agency and administrative law issues, including rulemaking, review, and appeal procedures. This book also discusses waste management, CERCLA (Superfund), types of pollution, conservation and natural resources protection, and other matters. Get practical tips, tables, and lists of other resources. The book is a valuable resource for every lawyer and is especially essential for lawyers facing environmental issues.
Contents 1. Introduction Richard L. Waters and JoAnne Levy David A. Shorr (Supp.) 2. Regulatory Agencies and Administrative Law Issues David R. Tripp and Rebecca D. Bishop 24 3. Environmental Compliance Terry J. Satterlee and Sue M. Honegger Thomas J. Grever (Supp.) 4. Civil and Criminal Liability Linda W. Tape, Stacey L. Stater, Sturla Olsen, Jane H. Schilmoeller, and Robert J. Wagner David R. Erickson, L. John Nelson, IV, and Anne M. Carlson (Supp.) 5. Impact of Environmental Issues on Business Transactions John E. Price 6. Insurance Coverage for Environmental Liabilities James T. Price 7. Air Pollution Steven J. Poplawski, Michael C. Ford, Jacqueline M. King, Scott A. Young, Peter H. Oppenheimer, Robert Van Vorhees, Thomas N. FitzGibbon, and Carla A. Wortley Brandon W. Neuschafer (Supp.) 8. Water Pollution Roger A. Walker and Aimee Davenport 9. Superfund and the Missouri Abandoned or Uncontrolled Sites Law Bradley S. Hiles and Cathleen S. Bumb W. C. Blanton, Daryl G. Ward, and Alison M. Nelson (Supp.) 10. Solid Waste Management Ellen S. Goldman 11. Hazardous Waste Management Richard L. Green 12. Underground Storage Tanks David A. Stratmann and J. Eric Berry Nimrod T. Chapel, Jr. and Dwayne C. Jefferson (Supp.) 13. Toxic Substances David R. Erickson and Kirk F. Marty M. Camila Tobón (Supp.) 14. Asbestos Dale E. Hermeling Frank H. Hackmann (Supp.)

15. Community and Worker Right-To-Know Laws Daniel Bukovac 16. The National Environmental Policy Act Lewis C. Green, Bruce A. Morrison, and Kathleen G. Henry 17. Noise Pollution Robert J. Vincze 18. Natural Resources and Preservation Law James H. Arneson and Christiaan D. Horton 19. Private Actions for Environmental Property Damage and Personal Injury Joel R. Mosher and David E. Shay 20. Brownfields Redevelopment Eugene P. Schmittgens, Jr. 21. Agricultural Issues Mark D. Anstoetter and Kathryn A. Larkins Justin W. Howard (Supp.)

Details and Price
2 vols. (2nd ed. 1998) 902 pp. plus 2007 C. Supp., 377 pp.

$245

MoBarCLE Publications
Evidence
This fifth edition of Missouri Evidence departs from earlier editions. The book has been completely rewritten by practicing attorneys and judges into a more narrative format with explanations and overviews of the law and practical applications of evidence. Another innovation with this edition is that it comes with a full-text, fully searchable CD-ROM. Learn the 4 exceptions to the general rule that the character of a party in a civil action is not admissible and the 7 exceptions to the general rule that evidence of subsequent remedial measures is inadmissible in a negligence action. Learn how to preserve an objection for appeal, including how to make an offer of proof and the 5 exceptions to the requirement to make an offer of proof. Learn the 4 things to show to overcome the presumption that a child under 10 is incompetent to testify and the 2 situations when a court may refuse a criminal the right to testify. Get sample questions and answers from witness examinations and to qualify an expert. Find out about the changes to admissibility of certain evidence brought about by the 2005 legislative changes. Learn what evidentiary privileges Missouri courts recognize—is there a GAL privilege? What are the 4 requirements for an admission by silence? Does Missouri have a dead man’s statute? What are the 4 obstacles to admitting a document into evidence? What are the 7 criteria for laying a proper foundation for admitting an audio recording? Do Missouri courts follow Frye or Daubert? Why is digital evidence significant to your litigation strategy? How do warrantless searches apply to digital evidence? Get the answers to these questions and more. The book comes with a full-text CD-ROM
Contents 1. Introduction Benjamin Borengasser 2. Relevancy and Admissiblity John W. Kurtz 3. Burden of Proof Stephen H. Ringkamp and Theresa A. Appelbaum 4. Substitutes for Proof Joseph W. Wantuck 5. Weight and Sufficiency Robert K. Kerr 6. Objections and Rulings on Evidence Paul J. Passanante and Dawn M. Mefford 7. Attendance of Witnesses T. Bennett Burkemper, Jr. 8. Competency of Witnesses Christian L. Faiella 9. Examination of Witnesses Lynn A. Miller 10. Credibility and Impeachment of Witnesses Jonathan T. Barton and Stephen Palley 11. Character Evidence Sandra J. Wunderlich 12. Habit, Custom, Routine Practice, Similar Happenings James R. Wyrsch and Stephen G. Mirakian 13. Admissibility of Subsequent Remedial Measures, Insurance Coverage, Settlements, Plea Bargains, and Collateral Payment of Medical Expenses Eric G. Jensen

Full-Text CD-ROM

14. Privileges Robert Herman, Mary E. Davidson, and Jeffrey A. Goldfarb 15. Hearsay James D. Boggs 16. Hearsay Exceptions James W. Erwin 17. Opinion Evidence and Expert Testimony Timothy W. Monsees 18. Documents Kenneth E. Siemens and Benjamin S. Creedy 19. Other Real and Demonstrative Evidence Keith A. Cutler 20. Scientific Evidence Brian S. Franciskato 21. Digital Evidence Craig Chval

Details and Price
(5th ed. 2006) 568 pp.

$195

25

MoBarCLE Publications
Evidence Guide
Missouri is one of only a handful Contents of states that do not have evidence 1. General Provisions codes or stated rules of evidence. As a practical guide for Missouri 2. Judicial Notice lawyers and judges, The Missouri Bar has recast Missouri evidence 3. Presumptions law as it has developed in cases, statutes, and other authorities in the 4. Relevancy and its Limits format and style of the Federal Rules of Evidence—not to change the law 5. Privileges relating to evidence but to provide practical materials in this vital area. 6. Witnesses Missouri Evidence Guide has been edited into a compact format 7. Opinions and Expert to make it easier to carry along, and Testimony Hearsay it is tabbed to correspond with the Federal Rules of Evidence. Numbers 8. Authentication and have been added in the margins to Identification speed the location of sections, and objections have been added to make 9. Contents of Writings, Missouri Evidence Guide a ready Recordings, and reference for Missouri lawyers and Photographs judges. This is the evidence book you’ve been waiting for. 10. Objections

Details and Price
(2003) 279 pp.

$125

Let The Missouri Bar CLE deskbooks help you.
MoBarCLE deskbooks are developed specifically for Missouri attorneys. Because these books cover Missouri law, they save you time, make your work easier, and make you more productive. If you’re not using MoBarCLE deskbooks, your competition may know something you don’t.

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The following Missouri Bar members served as volunteer authors, reviewers, or planning committee members for publications published in 2009. We are grateful for their service to The Missouri Bar.
Orren S. Adams Steven H. Akre Wendi S. Alper-Pressman Brian K. Asberry Stephen F. Aton Jennifer G. Bacon Benicia A. Baker-Livorsi Bernard L. Balkin Katherine J. Bailes Robert S. Baran John P. Barrie Mike W. Bartolacci Rudolf H. Beese Barbara C. Bentrup Julie A. Berkowitz Michael G. Berry Timothy A. Blackwell Beth C. Boggs Sherman A. Botts Scot W. Boulton David W. Braswell Maia Brodie Lawrence Brody Clifford S. Brown John A. Bruegger C. Robert Buckley Hon. T. Bennett Burkemper, Jr. Hon. S. Margene Burnett David T. Butsch Michael E. Callahan Charles E. Callier, Jr. Marian Palma Cardona Gerard T. Carmody Hon. Nimrod T. Chapel, Jr. Harry Charles Mary E. Coffey Dave Cornfeld Carla R. Counsil Susan C. Crigler Anne C. Curchin Keith A. Cutler Jay M. Dade James R. Dankenbring Jay A. Daugherty Christine H. DeMarea Joseph D. Demko Robert Denlow Thomas R. Dowling Edward F. Downey Kathryn L. Dudley Wallace L. Duncan Mary Nan Dupont Erik R. Edwards Robert E. Eggmann David E. Elliott Richard W. Engel, Jr. Gayle Evans Lynn M. Ewing, III Christian L. Faiella Edgar T. Farmer Buford L. Farrington John W. Finger W. James Foland, Jr. Hon. Kathleen A. Forsyth Nicholas A. Franke Alan E. Freed Dana L. Frese Bruce E. Friedman David R. Gamache Susan Z. Gamble John L. Gegg Michael S. Geigerman Gregory S. Gerstner Sarah E. Giboney Joseph P. Giljum Christine A. Gilsinan Karen M. Gleason Thomas G. Glick Allison E. Graves Lawrence B. Grebel Margo L. Green Robert J. Guinness John R. Gunn Michael P. Gunn Karen E. Hajicek Elizabeth Halaz Matthew R. Hale Brian E. Hamburg Richard W. Hardy Larry K. Harris Michael T. Harvath Joseph A. Haverstick Benjamin J. Hegvik R. Denise Henning Paul G. Henry Ben W. Hobert Peter B. Hoffman Gregory F. Hoffmann Carla G. Holste Michelle S. House-Connaghan Brian T. Howes Lester J. Hubble Jennifer K. Huckfeldt Benjamin H. Hulsey Carole L. Iles Michael L. Jackson Janelle Jennings-Drummond Charles F. Jensen Kurtis L. John Stephanie L. Jones Anne C. Justice Bennett S. Keller James R. Keller Emily J. Kembell W. Terrence Kilroy Joseph J. Kodner John W. Koenig, Jr. Suzanne M. Rode Kohr Philip N. Krause Leon G. Kusnetzky Harlan J. Kwiatek David B. Lacks Robert L. Langdon Thomas L. Lasley James R. Loranger Fredrick J. Ludwig Scott H. Malin Evelyn Gwin Mangan Scott M. Mann Michael W. Manners Scott R. Manuel Vanita R. Massey James M. Matthews Molly J. Maurin Mary K. Mazanec Michael L. McCann B. Colt McClelland Timothy F. McCurdy J. Kyle McCurry Philip C. McKnight Duncan W. McQueen Pamela J. Meanes Stephen F. Meyerkord Patrick L. Mickey Kent W. Minton Peter Mirakian, III Cary J. Mogerman Lisa G. Moore Philip E. Morgan, Jr. Ryan L. Munro Mark D. Murphy Wade L. Nash David G. Newkirk Genevieve Nichols Thomas J. Niemann Jason L. Nonnemaker S. Patrick O’Bryan J. Richard Owensby Paul J. Passanante Bhavik R. Patel Terri L. Parker Hon. Paul K. Parkinson Thomas D. Peebles, Jr. Brooke R. Perlyn Daniel A. Peterson Daniel J. Pingelton Nicole R. Piskuric Jill R. Polk Derek H. Potts Gary A. Powell Steven E. Pozaric Thomas E. Proost William B. Prugh Scott Pulido G. William Quatman Christopher P. Rackers Adam W. Randle R.B. Regan Paul L. Redfearn James W. Reeves David L. Rein, Jr. Ronald S. Ribaudo Scott A. Robbins Anita I. Rodarte Suzanne M. Rodekohr James P. Rosenbloom John W. Rourke Larry Ruhmann Deborah K. Rush Derek P. Ruzicka Jason D. Saey JoAnn Tracy Sandifer Darry Gene Sands Geetha Rao Sant Tim R. Schlesinger Jeff R. Scurlock James M. Selle Robert J. Selsor Edward A. Setzler Mary S. Shafer James R. Sharp Christen D. Shepherd Gerald M. Sill Hon. Christine Sill-Rogers Jason D. Simmons Mary Ellen Simmons Donald S. Singer William Sitzer Kenneth A. Slavens Katrina L. Smeltzer Ann F. Snitzer Kenton E. Snow Daniel R. Sokol Allan F. Stewart Brian C. Stone Mark L. Stoneman Tracee L. Stout Dan C. Sturdevant Adrian P. Sulser Kim S. Summers Hon. Kathy A. Surratt-States Brenda L. Talent Charles E. Taylor Emily Marriott Taylor Michael L. Taylor Ronald C. Thiewes Rhonda C. Thomas William S. Thomas Elizabeth K. Thompson Kristen V. Toner Matthew D. Turner Michael J. Van Dyke Hon. Jerry W. Venters Joseph S. von Kaenel Jerome Wallach Stanley J. Wallach Derek A. Ward David G. Watkins Ronald S. Weiss Dale A. Werts Daniel P. Wheeler Samuel Wilkerson Brandi M. Wilson Susan J. Wirthlin Keith Witten Rebbecca Lake Wood James J. Wotruba Kenneth K. Wright B. Joyce Yeager Callan F. Yeoman Casper Scott Yost Erin M. Zielinski Bart B. Zuckerman

MoBarCLE Publications 2009 Volunteers

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Join In—Sign Up
The Missouri Bar is looking to its membership for assistance in the Continuing Legal Education Department’s programs and publications.
Volunteer presenters speak at programs and prepare course materials. Volunteer moderators make introductions and keep the programs running smoothly. Please list topics that you would be interested in addressing as a presenter or moderator. If an area is very broad, please further define it by adding what area(s) of emphasis you would prefer (e.g., domestic relations with emphasis on child support recovery; insurance defense with emphasis on workers’ compensation; government with emphasis on discovery with federal agencies). Presenter: ____________ Moderator: ____________ _____________ _____________ ____________ ____________

MoBarCLE Programs:

MoBarCLE Publications:
Volunteer authors write chapters for new editions or supplements. Volunteer reviewers review chapters written by others for substantive law accuracy. Please list MoBarCLE deskbook topics that you would be interested in working on. Author: ______________________________________ ____________________________________________ ____________________________________________ Reviewer: ____________________________________ ____________________________________________ ____________________________________________

Have you ever participated in a CLE activity? ____yes ____no If yes, last year participated and topic: _________________________________________ Are you willing to travel to the various cities where CLEs are held? ____yes ____no If yes, please check the cities to which you would be willing to travel. __ Kansas City __ St. Louis __ Cape Girardeau __ Springfield __ Jefferson City __ Columbia __ Lake Ozark __ St. Joseph __ St. Charles

**********
Name: ______________________________________ Firm Name: __________________________________ Business Address: ______________________________ Phone Number: _______________________________ Fax Number: _________________________________ E-mail Address: _______________________________ Bar No.: _____________________________________ # Years of Practice: _____________________________ Areas of Practice: _______________________________ ____________________________________________

Please return form to: MoBarCLE Department, P.O. Box 119, Jefferson City, MO 65102-0119
30

MoBarCLE Publications
Family Law
Family law is a challenging, rapidly expanding, and ever-changing area of the law, making this 2-volume set a best seller in the MoBarCLE library. This deskbook deals with the legal problems of all aspects of family law, including child support and custody; antenuptial, postnuptial, and separation agreements; parenting plans; alternative dispute resolution and collaborative law; dissolutions; tort and criminal liability; property and taxation; parentage and reproduction; and enforcement of judgments and orders. Missouri Family Law provides Missouri attorneys with comprehensive coverage of this vital area of the law. The sixth edition includes over 50 sample forms on CD-ROM and new chapters on Parenting Plans, The Family Support Division, and Alternative Means of Reproduction. For a list of the forms on the CDROM, visit our online CLE Publications Bookstore at www.mobarcle. org. Contents 1. The Lawyer’s Role in Family Law David B. Lacks 2. Marriage Scott M. Mann 3. Annulment Daniel R. Sokol and Sanford J. Boxerman Barbara C. Bentrup (Supp.) 4. Antenuptial and Postnuptial Agreements Bruce E. Friedman and Justin W. Ruth 5. Mediation and Other Forms of Alternative Dispute Resolution Alan E. Freed 6. Dissolution of Marriage Anita I. Rodarte 7. Separation Agreements Daniel J. Pingelton 8. Parenting Plans Scott A. Robbins 9. Child Custody and Visitation Rights Margo L. Green 10. Child Support and Maintenance Carla G. Holste 11. The Family Support Division Daniel J. Pingelton 12. Child Abuse in the Domestic Case Kathryn L. Dudley 13. Adult Abuse Act and Child Protection Orders Act Christine Sill-Rogers 14. Tort Liability and the Family Relationship Matthew D. Turner 15. Characterization and Division of Property in Divorce Allan H. Zerman and Cary J. Mogerman Stephanie L. Jones (Supp.) 16. Pensions and Deferred Compensation James P. Rosenbloom 17. Taxation Clifford S. Brown 18. Motion Practice Before Trial Maia Brodie and Aimee Ruder Erin M. Zielinski (Supp.) 19. Discovery Michael L. Taylor 20. Trial Practice Michael L. Taylor 21. Use of Experts Susan J. Wirthlin 22. Attorney Fees T. Bennett Burkemper, Jr. 23. Postdissolution Matters Michelle S. House-Connaghan

2009 Supplement

Forms on CD-ROM

24. Enforcement of Judgments and Orders Alisse C. Camazine and Lisa G. Moore Ryan L. Munro (Supp.) 25. The Uniform Interstate Family Support Act Jill S. Kingsbury Janelle Jennings-Drummond (Supp.) 26. Modification of Decrees Kevin Hoop and John A. Reed 27. Conflict of Laws Allan H. Zerman and Cary J. Mogerman Joseph J. Kodner (Supp.) 28. Parentage Allan F. Stewart 29. Rights of the Unwed Kimberly J. Bettisworth Benicia A. Baker-Livorsi (Supp.) 30. Alternative Means of Reproduction Tim R. Schlesinger

Details and Price
2 vols. (6th ed. 2004) 1,278 pp. plus 2009 C. Supp., 268 pp.

$245

31

MoBarCLE Publications
Missouri Farm Law is for those attorneys who encounter the specialized issues of Missouri farmers and the state’s agricultural industry. This deskbook includes detailed chapters covering farm real estate topics such as contracts, leases, recreational uses, fencing, strays, trespass, and water and mineral rights. It includes a comprehensive chapter on farm and agricultural taxation. It highlights environmental issues like water pollution, air pollution, waste management, pesticides, and fertilizers. It covers biotechnology, intellectual property, cooperatives, and the application of the UCC to crops, timber, and livestock. Agricultural law is characterized by a unique blend of federal and state regulation, and Missouri Farm Law thoroughly covers this distinct topic. The book includes sample forms, charts, and checklists and provides extensive lists of other resources. And this third edition comes with a full text, fully searchable CD-ROM. For a list of the forms on the CDROM, visit our online CLE Publications Bookstore at www.mobarcle. org.

Farm Law

Contents 1. The Farmer and the Uniform Commercial Code Kurt A. Voss and Kevin A. Richardson 2. Environmental Issues Mark D. Anstoetter and Kathryn A. Larkins 3. Trespass Joel Pelofsky 4. Farm Real Estate Transactions Robert J. Guinness 5. Fencing Laws in Missouri and Livestock Running at Large on Public Roads Robert V. Krueger 6. Rights of Parties in Possession Amanda D. Cochran 7. Federal and State Laws Affecting the Marketing of Farm Products Ernest H. Van Hooser 8. Income Taxation of Farmers Steven H. Akre 9. Water and Mineral Rights Richard L. Waters and David V. Kenner 10. Agricultural Cooperatives Wallace E. Brockhoff and Chad Cook

Full-Text CD-ROM

11. Selected Biotechnology Issues J. Powell Carman, Brandon Neuschafer, and James Surber

Details and Price
(3rd ed. 2006) 478 pp.

$195

32

MoBarCLE Publications
Insurance Practice
Insurance questions are inevitable in the lives and businesses of your clients. When they turn to you for help, Missouri Insurance Practice is the resource you need to guide them through the technical and difficult issues they face. Designed as an easy-to-use, practical reference, this deskbook addresses policy language interpretation, the rights and responsibilities of both the insured and the insurance company, vexatious refusal to pay actions, and much more. Whether your client is an insurance company, an individual with questions about a homeowners policy, or a business facing directors’ and officers’ liability issues, you will find helpful guidance in Missouri Insurance Practice. For a list of the forms on CD-ROM, visit our CLE Publications Bookstore at www.mobarcle.org. Contents 1. Regulation of Insurance in Missouri Ann Monaco Warren and Mark Gilmer Rhodes Warren 2. Supervision, Rehabilitation, and Liquidation of Troubled Insurance Companies Paula M. Young 3. Personal Insurance Stephen R. Gleason and Carolyn H. Kerr 4. Homeowners and Fire Insurance Policies Theresa Shean Hall 5. Personal Automobile Policy: Bodily Injury Liability and Property Damage Liability Coverages J. William Turley 6. Protection Against Uninsured and Underinsured Motorists James W. Riner 7. Subrogation Dana Frese 8. Liability Insurance for Professionals Mark B. Berry and Kenneth K. Schmitt 9. Directors’ and Officers’ Liability J. Emmett Logan 10. Property and Business Liability Commercial General Liability Coverage Joseph L. Leritz and Thomas J. Plunkert

Forms on CD-ROM
11. Surety Bonds Charles R. Leick 12. Title Insurance Thomas C. Conroy, Editor 13. Actions on Policies Dale L. Davis and Robert D. Lewis 14. Rights and Remedies Beth C. Boggs 15. Insurance Coverage for Environmental Claims Mary L. Barrier and Cheryl B. Linder

Details and Price
2 vols. (5th ed. 2004) 919 pp.

$225

33

MoBarCLE Publications
Intellectual Property Law
MoBarCLE announces the publication of a deskbook devoted entirely to intellectual property issues. Though discussions of intellectual property law have been available in other CLE deskbooks, including Missouri Business Organizations, Missouri Damages, and Missouri Tort Law, MoBarCLE recognized the need to bring this information together. This first edition of Missouri Intellectual Property Law is a compilation and update of those materials, enhanced by the addition of two new chapters covering jurisdiction, procedure, and evidence in intellectual property cases. Top attorneys in the field have combined their expertise to bring you practical and relevant information that you can put to work for your clients immediately. This is an exciting resource for Missouri attorneys—intellectual property law information all in one place! Contents 1. Patents Peter S. Gilster, Linda L. Lewis, Kelly K. Burris, and Gregory E. Upchurch 2. Trademarks Gregory E. Upchurch and Annette P. Heller 3. Copyright Gregory E. Upchurch and Mark E. Books 4. Trade Secrets McPherson D. Moore 5. Jurisdictional and Procedural Aspects of Intellectual Property Litigation Gregory E. Upchurch 6. Evidence in Intellectual Property Litigation Gregory E. Upchurch Details and Price
(2004) 196 pp.

$125

Feedback and Suggestions
Do you have an idea for a new MoBarCLE deskbook or a suggestion for improving an existing one? Have you found an error in one of our books? Would you like information on becoming an author or reviewer of a MoBarCLE deskbook? E-mail your comments or requests to cle@mobar.org or call (573) 635-4128.

34

MoBarCLE Publications
Juvenile Law
Missouri Juvenile Law presents practical information and a comprehensive overview of the different areas of this crucial area of the law. Learn about the structure and functions of the juvenile office and the role of the juvenile officer through the various stages of judicial proceedings. Find out about the 3 types of protective custody and the purpose and conduct of social studies. This book covers who has the right to counsel and what the role of counsel is in various types of proceedings, and it tells about the role of and standards for guardians ad litem. Learn the rights of the parties and participants in the various types of proceedings relating to juveniles. Compare delinquency, status offenses, and prosecution under general law. Find extensive coverage of child abuse and neglect and termination of parental rights. This deskbook will guide you through the procedure of juvenile proceedings and discusses treatment alternatives. This deskbook fills a need for attorneys who occasionally find themselves in juvenile court as well as for those practicing regularly there. And the book comes with a full-text, fully searchable CD-ROM that also includes forms in word-processing format. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. Contents 1. The Juvenile Office Mary Kay O’Malley 2. Right to Counsel and Role of Counsel Teresa Rieger Housholder 3. Rights of the Child Kimberly Shields 4. Rights of Parents and Custodians Kelly J. DeLuca 5. Rights of Victims and Witnesses in Delinquency Proceedings Elizabeth K. Magee and Christopher D. Wilson 6. Child Abuse and Neglect Douglas E. Abrams 7. Delinquency Melissa L. McAllister 8. Status Offenses Bradley P. Grill 9. Termination of Parental Rights Mary Kay O’Malley 10. Jurisdiction and Venue Shawn R. McCarver 11. Special Juvenile Court Jurisdiction Issues Penny J. Umstattd-Cope 12. Prehearing Procedures David G. Bandré 13. Miscellaneous Motions, Examinations, and Records Maureen M. Monaghan 14. Prosecution Under General Law Daniel G. Barry 15. Conduct of Hearing Sara C. Michael

Full-Text CD-ROM
16. Treatment Alternatives— Delinquency Geoffrey E. Allen 17. Treatment Alternatives— Neglect and Abuse Lora E. Cooper 18. Interagency Cooperation and Continued Supervision James D. Beck

Details and Price
(3rd ed. 2007) 681 pp.

$195

35

MoBarCLE Publications
Litigation Settlements
Missouri Litigation Settlements is a how-to book prepared by Missouri attorneys on the proper procedures for settling a lawsuit. It is a convenient nuts-and-bolts guide in preparing closing papers and explains when to settle, why to settle, what methods to use, with whom to settle, and the effect of settling. It even contains a chapter on alternative dispute resolution. The vast majority of cases are settled. This book, which includes forms on CD-ROM, is one of the few places an attorney can get information on this important part of practicing law. The 2009 Cumulative Supplement includes coverage of structuring attorney contingency fees and the effect of the 2005 tort reform on joint and several liability, medical malpractice damage caps (non-economic damages), punitive damage caps, and prejudgment interest prerequisites. The supplement includes new sections on the use of focus groups and mock trials, partial settlements when there are both contract and tort claims, the Overhead Power Line Safety Act, prejudgment interest in Chapter 537 settlement cases, qualified settlement funds, and factoring structured settlements. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. Contents 1. Overview Robert L. Langdon and Lawrence B. Grebel Patrick L. Mickey (Supp.) 2. Evaluation and Settlement of Personal Injury Claims Stephen F. Meyerkord and Peter B. Hoffman 3. Mary Carter Agreements Jeffrey W. Bates Christian L. Faiella (Supp.) 4. Chapter 537 Settlements Michael W. Manners 5. Wrongful Death John L. Oliver, Jr. Derek H. Potts (Supp.) 6. Settlements With Minors and Incompetents Beth C. Boggs 7. Structured Settlements Paul L. Redfearn and C. Robert Buckley B. Colt McClelland (Supp.). 8. Releases Ronald R. McMillin Dana L. Frese (Supp.) 9. Liens, Subrogation, and Assignments Michael G. Berry and Christopher P. Rackers 10. Settlements in Commercial Litigation William H. Sanders, Sr. David L. Rein, Jr. (Supp.) 11. Settlements on Appeal Gerre S. Langton and Adrian P. Sulser 12. Settlement With Missouri Property and Casualty Insurance Guaranty Association Kevin P. Schnurbusch

2009 Supplement

Forms on CD-ROM

13. Enforcement or Rescission of Settlement Agreements Keith A. Cutler 14. Litigation Settlements in Probate Matters Heywood H. Davis and Dan C. Sturdevant 15. Alternative Dispute Resolution Michael S. Geigerman, James W. Reeves, James R. Keller, and Jay A. Daugherty

Details and Price
(2nd ed. 2001) 441 pp. plus 2009 C. Supp., 225 pp.

$195

36

MoBarCLE Publications
Local Government Law
The principles of local government law are based on a unique blend of constitutional law, statutory law, and caselaw, all of which are woven together in the third edition of Missouri Local Government Law to create a valuable research and reference tool. This deskbook is a unique resource for attorneys with local government clients or clients who deal with local government entities. But its comprehensive coverage of topics ranging from employment law to municipal court proceedings to tort liability also makes it an important resource for attorneys who might not routinely deal with government entities. The 2008 supplement covers such hot topics as collective bargaining rights for public employees and Missouri’s rewritten eminent domain laws. The supplement also includes a revised and expanded chapter on municipal court proceedings with practical lists and other helpful information. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobar.org. Contents 1. Constitutional and Statutory Sources of Local Government Authority Patricia Redington James H. White (Supp.) 2. Duties, Obligations, and Rights of Municipal Officers and Employees Mildred A. Motley 3. Employer/Employee Law Joy W. Rushing Ivan L. Schraeder (Supp.) 4. Procedure of Governmental Bodies W. Dudley McCarter, Joseph D. Ferry, and Al E. Nick 5. Missouri Open Meetings/ Open Records Law (Sunshine Law) James H. Klahr 6. Municipal Revenues, Taxation, and Expenditures Volunteers and Staff Deborah K. Deuster (Supp.) 7. Missouri Law and Land Use Controls Albert A. Michenfelder and Steven W. Koslovsky 8. Building and Housing Codes and Related Property Regulations Charles E. Callier, Jr., Steven R. Wild, and Lisa K. Thorp 9. Acquisition and Use of Municipal Property James H. White 10. Governmental Tort Liability Fred Boeckmann 11. Municipal Court Proceedings Thomas S. Gleditsch, Drew A. Heffner, and David E. Miller 12. Intergovernmental Relations—Cooperation and Conflicts Thomas K. Riley Gregory M. Mealy (Supp.) 13. Counties John B. Williams and Jay D. Haden

Forms on CD-ROM

14. Special Purpose Agencies and Districts John B. Williams and Jay D. Haden 15. Police Departments Paul A. Campo Betsy Blake (Supp.) 16. Municipal Boundary Adjustments Stephen P. Chinn J. Trevor Wood (Supp.) 17. Urban Development Thomas A. Cunningham

Details and Price
2 vols. (3rd ed. 2002) 825 pp. plus 2008 Supp., 201 pp.

$245

37

MoBarCLE Publications
Mental Health Law
Missouri Mental Health Law discusses both the civil and criminal aspects of mental health, drug and alcohol abuse, commitments, and releases. It details rights, duties, liability, and immunity of mental health professionals, law enforcement, hospitals, patients, counsel, and those filing applications for involuntary detentions. It outlines requirements for capacity, guardianships, conservatorships, restraints, least restrictive environment, and confidentiality. Missouri Mental Health Law answers your most pressing questions: What is the effective date of a durable power of attorney and what language is required to establish one? What are the responsibilities and the authority of a guardian or conservator? What are the required contents of a guardian’s annual report? What is the liability of mental health professionals, law enforcement officials, or persons filing an application for an involuntary commitment? What are a hospital’s or other facility’s duties to treat, to protect, and to warn? What are the standards and procedures for involuntary civil commitments, including for drug or alcohol abuse? Where do you file? Should the commitment be 96 hours, 21 days, 90 days, or 1 year? What questions are considered in a pretrial evaluation of the defendant? What are the 4 kinds of releases, and what factors does the court consider? This book answers all these questions and more and includes information about other resources. And this book comes with a full-text, fully searchable CD-ROM. Contents 1. Durable Power of Attorney Sheila M. Hayes and Michael P. Gunn 2. Capacity, Guardianship, and Conservatorship Issues as They Pertain to Mentally Ill Individuals Virginia G. Rice 3. Qualified Immunity for Mental Health Professionals From Civil Liability Mary Stewart Tansey 4. Issues Arising Out of Mental Health Commitments Involving Law Enforcement Mary Stewart Tansey 5. Treatment and Related Issues During Hospitalization Sheryl Feutz-Harter 6. Involuntary Commitments and Detentions Mary Stewart Tansey 7. Forensic Mental Health P. Ann Dirks-Linhorst

Full-Text CD-ROM

Details and Price
(2002) 111 pp.

$125

38

MoBarCLE Publications
Professional Liability
Missouri Professional Liability provides valuable step-by-step guidance through the practical considerations arising from the issue of liability of professionals. It includes elements of causes of action, trial practice issues, damages, proof concerns, privileges, defenses, standards, definitions, criminal liability, and emerging issues. The authors walk you through duty, breach of duty, causation, damages, and defenses. This book includes specific chapters on liability for seven professions and a chapter on liability insurance for professionals. A full-text, searchable CD-ROM is included with the book. Contents 1. Health Care Providers Kirk J. Goza, Michael D. Moeller, Adam W. Graves, and Keenya Harrold 2. Attorneys Steven H. Schwartz, T. Michael Ward, and Teresa M. Young 3. Accountants Joel I. Krieger and Richmond M. Enochs 4. Design Professionals Gary E. Snodgrass and William S. Thomas 5. Real Estate Professionals Edward R. Spalty and David A. Jermann 6. Insurance Agents and Brokers Gary A. Growe 7. Tort Liability for Clergy Sexual Misconduct Robert C. Cook 8. Liability Insurance Mark B. Berry and Kenneth K. Schmitt

Full-Text CD-ROM

Details and Price
(2005) 292 pp.

$125

Principles of Civility
It is the duty of each lawyer to engage in conduct that brings dignity to and promotes civility in the profession. Toward that end, each lawyer shall be: Respectful, Trustworthy, Courteous and Cooperative in all dealing with judges, lawyers, clients and other members of the public that they serve.

39

MoBarCLE Publications
Real Estate Practice
If you ever deal with real estate issues, the fourth edition of Missouri Real Estate Practice is a must-have for your library. Its practical guidelines and comprehensive coverage of the substantive law make it an excellent resource for both beginning counsel and experienced practitioners. This edition features insights and practical tips from leading practitioners; sample forms and a forms CDROM; checklists; helpful diagrams; step-by-step procedures; and 6 new chapters covering like-kind exchanges, environmental issues, residential leases, real estate brokerage, damages to real property, and alternative dispute resolution. Whether you handle real estate transactions occasionally or on a day-to-day basis, this 3-volume deskbook will equip you with the tools you need. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobar.org. Contents 1. Evidence of Title and Cures to Title Defects Kenneth O. McCutcheon, Jr. and Nathaniel S. Walsh Richard L. Martin (Supp.) 2. Title Insurance Stephen M. Todd James A. Leonard (Supp.) 3. Real Estate Contracts Robert Hickel 4. Real Property Exchanges James W. Davis 5. Deeds and Conveyances Michael G. O’Flaherty Todd A. LaSala (Supp.) 6. Easements and Party Walls John L. Oliver, Jr. Mark D. Murphy (Supp.) 7. Water and Mineral Rights Richard L. Waters David V. Kenner (Supp.) 8. Environmental Issues Impacting the Buying, Selling, and Leasing of Real Estate Crystal M. Kennedy and Jennifer M. Martin 9. Real Estate Financing John P. McNearney 10. Deeds of Trust and Security Instruments Randell D. Wallace J. Worthen DeYoung (Supp.) 11. Foreclosure Jeffrey T. Weisman 12. Adverse Possession, Prescription, and Actions to Quiet Title W. Edward Reeves 13. Partition Charles W. Riley and Thomas K. Riley 14. Mechanic’s Liens Sherman A. Botts 15. Federal and State Tax Liens and Other Statutory Liens David N. Zimmerman 16. Commercial Lease Transactions Larrie C. Hindman and Gerald D. Weidner 17. Residential Lease Transactions Julie M. Cheslik Richard E. Coughlin (Supp.) 18. Landlord/Tenant Actions and Remedies Katharyn B. Davis 19. Urban Development Thomas A. Cunningham 20. Zoning, Subdivisions, and Annexation Stephen P. Chinn, Paul V. Rost, and T. Chris Williams J. Trevor Wood (Supp.)

Forms on CD-ROM
21. Condominium and Time-Sharing Lynn M. Ewing, Jr. and Lynn M. Ewing, III 22. Usury and Truth in Lending C. Robert Monroe and Rochelle B. Ecker 23. Federal Regulations H. Steven Graham, Allison L. Bergman, and L. Allison Godfrey Shomari Benton (Supp.) 24. Real Estate Brokerage Sherry A. Mariea 25. Alternative Dispute Resolution Richard L. Routman 26. Damage to Real Property Valerie M. Sieverling

Details and Price
3 vols. (4th ed. 2000) 1,299 pp. plus 2006 C. Supp., 387 pp.

$325

40

MoBarCLE Publications
Missouri Remedies brings together in one volume those equitable and other remedies outlined in the table of contents below. Find 15 maxims of equity brought together in one chapter. Learn the process for obtaining a TRO. Learn the differences between a writ of mandamus and a writ of prohibition. Find a checklist for replevin and a chart comparing eviction procedures. Get detailed treatment of state and federal habeas corpus proceedings along with sample forms. Learn the differences and interrelationships between civil and criminal contempt. Learn the 6 methods for a change of name and who has standing to contest an election. Learn the distinction between rescission and cancellation of an instrument. Get answers to your most pressing questions: What are the 3 phases of injunctive relief? When is a declaratory judgment a proper remedy? Where should a petition for a writ of prohibition be filed? What is the authority for a writ of attachment? When is a writ of sequestration most commonly used? Is self-help ever an appropriate alternative to replevin? What are the 3 different procedures used for evictions? What court may issue a writ of habeas corpus? When does civil contempt become criminal contempt? What is quo warranto and when is it the exclusive remedy? What are the 4 essential elements for an equitable accounting? What are the 2 grounds for reformation of an instrument? What is the difference between a resulting trust and a

Remedies

constructive trust and when is each used? This publication is filled with practice suggestions: includes checklists, charts, lists of other resources, and 40 sample forms (over 75 pages—including pleadings); and comes with a fulltext, fully searchable CD-ROM. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Full-Text CD-ROM
11. Election Contests David C. Christian 12. Quo Warranto Susan Ford Robertson 13. Actions for Equitable Accounting David L. Zerrer 14. Cancellation, Rescission, and Reformation of Instruments James A. Kessinger 15. Resulting and Constructive Trusts Rebecca J. Miller

Contents 1. History, Definition, and Maxims of Equity R. Scott Gardner 2. Injunctions John Mollenkamp 3. Declaratory Judgments Jim S. Green 4. Writs of Mandamus and Prohibition James W. Erwin 5. Attachments, Sequestrations, and Garnishments R. Scott Gardner 6. Replevin Mark G. Zellmer and Shirley A. Padmore 7. Evictions and Ejectment Robert J. Wise 8. Habeas Corpus S. Paige Canfield and Christine E. Rollins 9. Contempt Paul K. Parkinson 10. Change of Name Julian Bush

Details and Price
(2006) 454 pp.

$195

41

MoBarCLE Publications
School Law
The legal issues that concern schools, educators, students, and parents find their sources in many different areas of the law—constitutional, criminal, tort, contracts, property, and others. Missouri School Law brings these areas together in one publication that applies the legal principles to specific questions that arise in the context of public school law. What is a public school’s responsibility to a student with a disability? What are the rights of a tenured employee? How far can a school go in regulating student speech? Should a religious group be allowed to meet on school property? Can students participating in extracurricular activities be subject to drug testing? What is a school’s liability when a person is injured on school grounds? Lead author Peter G. Yelkovac and his colleagues provide answers and guidance for attorneys facing the interesting and unique challenges that arise in the law of education. Contents 1. Organization of School Districts Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac 2. Funding and Finances Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac Toni I. Stegeman (Supp.) 3. Contracts Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac 4. School Property Thomas E. Tueth and Peter G. Yelkovac Lisa J. Berns (Supp.) 5. Employment Law Thomas E. Tueth, Celynda L. Brasher, Peter G. Yelkovac, and D. Shane Jones Sally E. Barker and Loretta K. Haggard (Supp.) 6. Student and Parent Rights and Responsibilities Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac Daniel E. Underwood (Supp.)

7. Control and Discipline Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac 8. Liabilities and Immunities Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac 9. Church and State Thomas E. Tueth and Melanie Gurley Keeney Michelle H. Basi (Supp.)

Details and Price
(2003) 156 pp. plus 2008 Supp., 64 pp.

$125

42

MoBarCLE Publications
Secured Transactions
Missouri Secured Transactions is derived from Missouri Creditors’ Remedies. With the adoption in Missouri of Revised Article 9 of the Uniform Commercial Code and changes in the bankruptcy laws, this topic had expanded to the point to justify its own book. This new publication provides step-by-step guidance through the complexities of Revised Article 9 and the transition rules with helpful charts, scenarios, and practical tips. Learn the where, when, how, and how much of filing financing statements and the impact of bankruptcy on secured liens. Plus, get information on liens outside Article 9 such as liens on motor vehicles, aircraft, watercraft, and manufactured homes. A full-text, searchable CD-ROM is included with the book. The CD-ROM also includes the forms from the book in word-processing format. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. Contents 1. General Governing Law— Article 9 of the Uniform Commercial Code Peter D. Kerth 2. Changes to the General Governing Law—Revised Article 9 Gwen Froeschner Hart 3. Transition Rules Jerald S. Enslein 4. Attachment—Creation of a Security Interest Bryan C. Bacon 5. Perfection of Security Interests Geoff W. Hetley 6. Priorities Nicholas A. Franke 7. Enforcement After Default Paul M. Hoffmann 8. Filing Rules Gwendelyn Garcia 9. Possessory Liens Maury B. Poscover and Adam W. Smith 10. Other Liens—Non-Article 9 Statutory Liens James S. Cole

Full-Text CD-ROM
Details and Price
(2005) 316 pp.

$125

Order online at www.mobar.org Questions? E-mail us at cle@mobar.org

43

MoBarCLE Publications
Sources of Proof
Each chapter of Missouri Sources Contents of Proof is a comprehensive presentation of the ins and outs of using 1. Introduction to a Perspective on Proof a particular source, such as preW. James Foland sumptions, judicial notice, records, 2. Presumptions discovery methods, exhibits, and James R. Sharp others. Together, the chapters cover all major types of proof and how to 3. Judicial Admissions and Judicial Notice use them. The detailed focus on a Jennifer G. Bacon and single subject provides an excelKaren M. Gleason lent starting point for the lawyer presented with any particular proof 4. Public Records Terri L. Parker inquiry or problem. Find answers to 5. Medical Records questions like: Who qualifies as an Gerald M. Sill and expert witness and where do you Joanne E. Joiner look to find one? What is the founAnne C. Curchin (Supp.) dation required to admit a business record? When should a request for 6. Business Records Paul J. Passanante admission be served? How can an7. Statements swers to interrogatories be used as Jeffrey W. Bates proof in court? The book also includes helpful 8. Exhibits and Demonstrative Evidence resources such as sample forms Volunteers and Staff and a forms CD-ROM, practical Michael T. Harvath (Supp.) tips for finding expert witnesses, a 9. Interrogatories and thorough witness interview checklist, Depositions extensive information on HIPAA, and Toni Griesbach and a glossary of medical abbreviations Mary E. Coffey and symbols and their meanings. For Genevieve Nichols (Supp.) a list of the forms on the disk, visit our 10. Discovering Evidence for online CLE Publications Bookstore at Trial Through Production of www.mobarcle.org. Documents and Things and Entry Upon Land R. Denise Henning Jeff R. Scurlock (Supp.) 11. Discovering Evidence for Trial Through Requests for Admission R. Denise Henning Jeff R. Scurlock (Supp.)

2009 Supplement

Forms on CD-ROM

12. Discovering Evidence for Trial Through Physical and Mental Examinations R. Denise Henning Jeff R. Scurlock (Supp.) 13. Expert Witnesses David G. Newkirk Scott Pulido (Supp.) 14. Proof of Personal History Timothy W. Jones David T. Butsch (Supp.)

Details and Price
(4th ed. 2001) 474 pp. plus 2009 C. Supp., 100 pp.

$195

44

MoBarCLE Publications
Taxation Law and Practice
This three-volume deskbook provides comprehensive coverage of Missouri tax law and practice. It was written by skilled Missouri attorneys who share their experience, expertise, and practical advice through the deskbook. It includes information relevant to individual taxpayers and to businesses. The book contains a valuable discussion of substantive law, but it is especially strong in its coverage of procedural issues. It covers procedures before the State Tax Commission, the Department of Revenue, the Administrative Hearing Commission, county boards of equalization, and other entities. Find information on filing procedures, deadlines, and forms. The book includes extensive internet resources, including guidance to forms. This fourth edition has a new chapter on motor fuel taxation and a muchexpanded tax credits chapter. Learn the dozens of tax credits available and how to claim them. Find calculations, information about allocating income and sales of multistate businesses, a statutory reference table for municipal taxation, and DOR contact information for divisions and field offices. This unique reference should have a place on the shelf of every Missouri lawyer, but attorneys representing small businesses and local governments should definitely have it. A full-text, searchable CD-ROM that also contains word-processing forms is included with the book. Contents 1. History and Overview of Missouri Taxation William B. Prugh 2. The Hancock Amendment Rhonda C. Thomas, Deborah K. Rush, Charles E. Callier, Jr., and Brandi M. Wilson 3. Inheritance and Estate Taxation William B. Prugh 4. Income Taxation of Estates, Trusts, and Beneficiaries Ronald C. Thiewes 5. Income Taxation of Individuals John A. Bruegger 6. Income Taxation of Corporations Carole L. Iles 7. Income Taxation of FlowThrough Entities (Partnership, Limited Liability Company, and S Corporation) James J. Wotruba and Suzanne M. Rodekohr 8. Corporate Income Taxation— Multistate Activities Brenda L. Talent and Edward F. Downey 9. Sales and Use Taxes— Substantive Aspects Steven H. Akre 10. Sales and Use Taxes— Multistate Activities Marian Palma Cardona 11. Sales and Use Taxes— Procedural Aspects James M. Matthews 12. Employment Taxes, Income Withholding, and Unemployment Contributions Harry Charles and Larry Ruhmann 13. Property Taxation Brian T. Howes 14. Missouri Corporation Franchise Tax Nimrod T. Chapel, Jr. 15. Taxation of Exempt Organizations Duncan W. McQueen 16. Municipal Taxation Wallace L. Duncan 17. Local Tax Systems Harlan J. Kwiatek 18. Taxation of Banks Wade L. Nash 19. Taxation of Savings Banks and Savings and Loan Associations Lynn M. Ewing, III 20. Taxation of Credit Unions Leon G. Kusnetzky

New Edition

Full-Text CD-ROM

21. Taxation of Insurance Companies Erik R. Edwards and S. Patrick O’Bryan 22. Taxation of Public Utilities Richard W. Hardy 23. Motor Vehicle Taxes—Title and Registration, Sales, Highway Use, Leasing Companies William B. Prugh 24. Motor Fuel Taxation John A. Bruegger 25. Missouri Tax Credits John L. Gegg 26. Missouri Riverboat Gaming Laws Staff and Volunteers 27. Procedure—Department of Revenue Elizabeth K. Thompson 28. Procedure—Administrative Hearing Commission Timothy A. Blackwell

Details and Price
3 vols. (4th ed. 2009) 1,516 pp.

$345

45

MoBarCLE Publications
Time Limitations
The 2009 edition is the 21st edition of this book and is current through the 2009 session of the Missouri General Assembly. This book provides Missouri lawyers with an easy-to-use reference containing the time limitations found in the Missouri Revised Statutes and Supreme Court Rules. MoBarCLE publishes this book annually and, for updating ease, it is published as two 8 1/2" x 11" perfect-bound volumes. And the book includes a full-text, fully searchable CD-ROM. Contents 1. State Buildings and Lands, Legislative and Executive Branches, Military Affairs and Police, and Local Governments §§ 8.003–103.163, RSMo 2. Public Officers and Elections §§ 104.170–130.081, RSMo 3. Taxation and Revenue §§ 135.015–155.080, RSMo 4. Education, Health and Welfare, Roads and Waterways §§ 160.254–238.410, RSMo 5. Lands, Conservation and Agriculture §§ 241.160–281.260, RSMo 6. Labor, Motor Vehicles, Alcoholic Beverages, Public Safety, Occupations §§ 285.100–346.120, RSMo 7. Business Organizations, Public Utilities §§ 347.025–394.312, RSMo 8. Trade §§ 400.2-702–419.060, RSMo 9. Debtor-Creditor Relations, Contracts, Property, Domestic Relations §§ 426.020–455.545, RSMo 10. Trusts and Estates §§ 456.1-108–475.430, RSMo 11. Courts and Civil Procedure §§ 476.083–515.200, RSMo 12. Real, Personal, and Penal Actions and General Provisions §§ 516.010–516.500, RSMo 13. Procedures Before Associate Circuit Judges, Statutory Actions and Torts §§ 517.031–538.225, RSMo 14. Crimes and Allied Matters, Public Business and Additional Executive Departments, Codes and Standards §§ 540.060–701.509, RSMo 15. Criminal and Municipal Procedure Rules 19.07–38.08 16. Civil, Juvenile, and Small Claims Procedure Rules 43.01–146.01

New Edition

Full-Text CD-ROM

Details and Price
2 vols. (21st ed. 2009) 640 pp.

$75

46

MoBarCLE Publications
Missouri attorneys have relied on Missouri Tort Law for over 30 years as a practical, dependable resource on liability issues. Now, the authors of the third edition and the 2006 supplement to this popular MoBarCLE deskbook supply the same reliable guidance while including recent statutory changes and caselaw to save you time and ease your research. No matter what kind of tort law you practice—whether property or personal, premises or products—this convenient and proven overview of legal principles and specific causes of action is a must-have for your library. The 21 chapters in this publication set out elements of causes of action, detail procedural issues such as pleading requirements and parties, explain damages and defenses, analyze insurance and settlement issues, and much more. The authors are practicing Missouri attorneys who give you practical advice and trial pointers and discuss evidentiary and proof issues. The accompanying CD-ROM includes sample forms to guide you and save you time. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Tort Law

Contents 1. Overview and Summary Paul C. Hetterman and Joseph L. Walsh, III 2. Assault and Battery Kenneth E. Siemens 3. Malicious Prosecution and False Arrest Matthew S. McBride and Brian T. McCartney 4. Infliction of Emotional Distress Gregory E. Upchurch 5. Defamation and Invasion of Privacy Joseph E. Martineau and David B. Helms 6. Tortious Interference With Business Relationships James Monafo and Phillip Boyd Sarah C. Hellmann (Supp.) 7. Misrepresentation: Negligent and Intentional Douglas S. Beck 8. Automobile Torts Christian L. Faiella 9. Aviation Liability Paul V. Herbers Kathleen Breckenridge (Supp.) 10. Maritime Torts Gary Mayes and Suzanne L. Montgomery B. Matthew Struble (Supp.) 11. Animal Liability Terry M. Evans and Judith E. Koehler 12. Premises Liability James J. Virtel and Ann E. Buckley 13. Wrongful Death John W. Kurtz 14. Products Liability Mark G. Zellmer and Christopher A. Smith 15. Strict Liability Daniel R. Brown

Forms on CD-ROM
16. Property Rights Lynn M. Ewing, III 17. Property Damage Robert C. Cook 18. Comparative Fault Charles H. McKenzie and Frederick J. Ernst 19. Statute and Ordinance Violations Louis J. Leonatti Christen D. Shepherd (Supp.) 20. Federal Tort Claims Act Richard J. Zalasky Michael L. Ramsey (Supp.) 21. Federal Employers’ Liability Act, Jones Act, and Longshore and Harbor Workers’ Compensation Act C. Marshall Friedman

Details and Price
2 vols. (3rd ed. 2003) 974 pp. plus 2006 Supp., 119 pp.

$245

47

MoBarCLE Publications
Estate Administration, the first edition of which was published in 1960, contains comprehensive coverage of the estate administration process. The book begins with a chapter on probate jurisdiction and venue and continues through such subjects as dispensing with administration, duties of representatives, collection and management of the estate, claims, will construction, settlements, and independent administration. Find practical advice about the beginning of the probate process, such as time limits, things that must be included in the application for letters, and how to obtain a will from a safe deposit box. Find chapters dealing with guardianships, conservatorships, and civil commitment and sections on removal of a personal representative, contempt (including the possibility that the attorney may be found in contempt), proceedings before probate commissioners, and interpretation and construction of trusts under the MUTC. This companion volume to Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters and Estate Planning provides essential assistance to attorneys through the estate administration process.

Estate Administration
5. Collection and Management of Assets Kathleen A. Forsyth and S. Margene Burnett 6. Sales, Mortgages, Leases, and Exchanges Bennett S. Keller, Scott H. Malin and Brooke R. Perlyn 7. Claims Against the Estate, Survival of Actions, and Wrongful Death Vanita R. Massey 8. Exempt Property, Family Allowance, Homestead, and Election to Take Against the Will Mary S. Shafer 9. Settlements, Distributions, and Discharge Brian E. Hamburg 10. Establishing Fact of Death and Fact of Simultaneous Death Jennifer K. Huckfeldt 11. Multi-State Administration and Alien-Oriented Probate Law David G. Watkins, Charles F. Jensen, and Samuel Wilkerson 12. Independent Administration Buford L. Farrington and Scott R. Manuel 13. Guardianship of Incapacitated Persons Ann F. Snitzer 14. Conservatorship of Disabled Persons Thomas G. Glick and Bart B. Zuckerman 15. Guardianships and Conservatorships of Minors Paul K. Parkinson 16. Civil Commitment Under the Mental Health, Substance Abuse, and Sexually Violent Predator Laws Daniel P. Wheeler 17. Will Contests Thomas L. Lasley

New Edition

Full-Text CD-ROM

Contents 1. Probate Jurisdiction and Venue Kim S. Summers 2. Dispensing With or Terminating Administration Thomas G. Glick 3. Applications for Letters, Qualifications of Representatives, and Bonds Evelyn Gwin Mangan 4. Initial Responsibilities of the Personal Representative Charles E. Taylor and John R. Gunn

18. Construction and Interpretation of Wills and Trusts Katherine J. Bailes and Nicole R. Piskuric 19. Contested Claims Kent W. Minton 20. Discovery of Assets Rebbecca Lake Wood 21. Actions Under the Nonprobate Transfers Law—Chapter 461 Clifford S. Brown 22. Objections to Final Settlement of Fiduciary David E. Elliott 23. Duties and Liability of Estate Fiduciaries Robert J. Selsor and Elizabeth Halaz 24. Actions for Fraud Under the Probate Code Karen E. Hajicek 25. Litigation Settlements in Probate Matters Dan C. Sturdevant

Details and Price
2 vols. (5th ed. 2009) approx.1,030 pp.

$245

48

MoBarCLE Publications
Estate Planning
Estate Planning is a practical, indispensable deskbook for those attorneys practicing estate planning—and especially for those who don`t practice it regularly. This twovolume set is a companion to Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters and Estate Administration and includes several chapters on specific planning and drafting issues as shown in the table of contents below. The experienced and knowledgeable authors provide a wide range of coverage, from handling a modest estate to the ins and outs of family businesses.The book includes practice tips, checklists, and techniques as well as nearly 50 sample forms—many with comments and annotations—that can be adapted to a client`s specific needs. Get practical advice on understanding and relating to clients, ethical considerations—what they are and what to do about them, preparation and safekeeping of documents—even ideas for what paper to use, advantages and disadvantages of joint tenancy, and how and when to find a trust. Find information on special needs trusts, disclaimer trusts, dynasty trusts, and incentive trusts; IRS treatment of family limited partnerships and LLCs; what to do with life insurance; and planning for retirement benefits. A full-text, searchable CD-ROM that also contains the sample forms is included with the book. Order yours today!

Contents 1. The Client Planning Conference Michael P. Gunn 2. Planning, Preparation, and Execution of Wills and Trusts Stephen F. Aton 3. Drafting the Basic Will and Trust Emily J. Kembell

4. Drafting a Marital Deduction Will and a Marital Deduction Trust Mary Nan Dupont and Edward A. Setzler 5. Planning for Minors, Elderly, and Disabled Persons Julie A. Berkowitz and Christine A. Gilsinan 6. Planning and Techniques for Making Gifts Bhavik R. Patel 7. Charitable Contribution Techniques and Planning Scot W. Boulton 8. Forms of Property Ownership Edgar T. Farmer 9. Estate Planning for Family Business Owners Gayle Evans 10. Drafting Family Limited Partnerships and Family Limited Liability Companies Gary A. Powell 11. Drafting Business Purchase and Restrictive Transfer Agreements (“Buy/Sell Agreements”) Orren S. Adams and Adam W. Randle 12. Planning Opportunities With Life Insurance Volunteers and Staff 13. Miscellaneous Estate Planning Techniques Thomas D. Peebles, Jr.

New Edition

Full-Text CD-ROM

14. Antenuptial and Postnuptial Agreements Bhavik R. Patel 15. Planning With Qualified Plans and Individual Retirement Accounts Gayle Evans 16. Funding Revocable Living Trusts Mary Ellen Simmons

Details and Price
2 vols. (3rd ed. 2009) 1,267 pp.

$245

• Estate Administration • Estate Planning • Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters Purchase all three for $585! A $150 savings! Call 1-888-253-6013
49

Trusts and Estate Series

MoBarCLE Publications
Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters
The lengthy title of this well-written and thorough 2-volume set reflects the breadth of coverage of this important publication as detailed in the table of contents below. Along with its detailed treatment of trusts, powers of attorney, and medical directives, this definitive work may be the most authoritative resource on the Missouri Transfers to Minors Law, the Missouri Personal Custodian Law, and the Nonprobate Transfers Law of Missouri. This second edition of Missouri Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters was prompted by statutory changes in probate and trust law, including the adoption and update of the Missouri Uniform Trust Code. This edition includes discussion of changes through the 2006 legislative session. Learn the requirements for a valid trust and the 5 methods for creating an express trust. Learn who is qualified to be a trustee and who shouldn’t be a trustee. Learn what the powers and duties of a trustee are and whether attorney fees and costs can be awarded in a trust administration proceeding. Learn the rules for allocating trust receipts and the statute of limitations on a trust contest. Learn the distinction between a durable power of attorney for asset and financial management and a durable power of attorney for health care. Get answers to your most pressing questions: What is the Rule against Perpetuities, and does it matter? What is a Totten trust? What are the 18 negative duties of a trustee? Is the Missouri Uniform Trust Code retroactive? What is an in terrorem clause? When is specific informed consent to medical treatment required, and what are the 4 exceptions? What are the 3 elements for an undue influence action to contest a trust, and who are the necessary and indispensable parties? This publication is filled with practice suggestions: includes checklists, charts, lists of other resources, and dozens of sample forms (over 300 pages); and comes with a full-text, fully searchable CDROM. This second edition continues MoBarCLE’s Trusts and Estates Series, which also includes Missouri Estate Administration and Missouri Estate Planning. For a list of the forms available on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org.
Contents 1. Creation of an Express Trust Elizabeth E. Parrigin 2. Qualifications, Appointment, Succession, and Bonds of Trustees Jay E. Harker, James J. Seeley, and James B. Behrens 3. Trust Administration Michael E. Magliari and Colleen M. Donohue 4. Allocation of Trust Principal and Income Ace Rowley 5. Modification, Termination, and Revocation of Trusts Lynn A. Miller 6. Trust Contests Clifford S. Brown and Douglas D. Lee 7. Trust Construction and Interpretation Eric B. Tanner 8. Durable Power of Attorney for Asset and Financial Management Michael C. Stoffregen 9. Advance Medical Directives: Durable Powers of Attorney for Health Care, Living Wills, and Other Declarations of Intent Vanita R. Massey 10. Medical Treatment: Informed Consent and Right to Refuse Sheryl Feutz-Harter 11. Missouri Transfers to Minors Law Susan Baker Teson 12. Missouri Personal Custodian Law S. Margene Burnett and Julie Haverly 13. Missouri Nonprobate Transfers Law Andrea Jackson and Christine A. Gilsinan

Full-Text CD-ROM

Details and Price
2 vols. (2nd ed. 2006) 953 pp.

$245

50

MoBarCLE Publications
Workers’ Compensation Law
Workers’ compensation in Missouri is a continually developing area of the law. This third edition of Missouri Workers’ Compensation Law is an easy-to-use reference that includes practical considerations and helpful features for attorneys handling workers’ compensation cases. And the third edition includes two new chapters: “Costs, Penalties, and Attorney Fees” and “Criminal Aspects.” The passage of major legislation in 2005 led to many changes. The 2008 cumulative supplement covers those changes, their application by the courts and the LIRC, and the continuing development of the law. New sections in the 2008 supplement include jurisdiction of the Division, practices and procedures of the Division and the LIRC, unlawful acts and penalties for failure to insure, religious exception, liberal vs. strict construction, medical bills and fee disputes, notice to be given to employer, direct examination of claimant’s testifying physician (including sample questions), Kansas and Illinois workers’ compensation reform, Missouri Private Sector Individual Self-Insurers Guaranty Corporation, trial issues, and more. The comprehensive, two-volume book includes sample forms on CDROM. It is an important component of the library of the general practitioner as well as the seasoned workers’ compensation attorney. Contents 1. History, Administration, and Jurisdiction Patrick J. Platter 2. The Employment Relationship C. Michelle Coleman Nasreen Esmail (Supp.) 3. The Second Injury Fund Kevin H. Dunaway and Melodie A. Powell 4. Injury and Accident James B. Kennedy 5. Occupational Disease Deborah L. Hellmann Victorine R. Mahon (Supp.) 6. Arising Out of and In the Course of Employment William D. Powell 7. Benefits Chris T. Archer Robert J. Dierkes and Nasreen Esmail (Supp.) 8. Specialized Losses Charles W. Bobinette and Thomas Clinkenbeard 9. Procedure and Proceedings Rex R. Redhair and Bart E. Eisfelder Michelle Daum Haskins and Christopher D. Werner (Supp.) 10. Third-Party Practice and Subrogation William W. Francis, Jr. 11. Systems and Procedures of Counsel for the Employee Robert E. Ballman 12. Answering the Claim for Compensation: Completion and Investigation William J. Glaser and Benjamin A. Shelledy

Forms on CD-ROM
13. Choice of Jurisdiction William E. Paasch and Matthew J. Stretz 14. Liens and Offsets Jerry Kenter 15. Insurance, Insurance Pricing, and Insurance Regulation Brian N. Brown and Nasreen Esmail (Supp.) 16. Costs, Penalties, and Attorney Fees Kathleen M. Hart and Matthew D. Vacca 17. Criminal Aspects David F. Barrett Lacy M. Fields (Supp.)

Details and Price
2 vols. (3rd ed. 2004) 683 pp. plus 2008 C. Supp., 214 pp.

$245

51

MoBarCLE Publications

General Information
Books
The Missouri Bar publishes comprehensive, substantive secondary-source law books. MoBarCLE books are professionally produced legal publications written by highly respected Missouri lawyers and judges. The books are reviewed for organization and substance by attorneys and our staff. Our publications are professionally edited and indexed. Books are supplemented regularly.

Return Privileges
Return privileges apply on all books and supplements. If for any reason you are not satisfied with a book or supplement, simply return it in an undamaged, unmarked condition within 30 days. Your money will be refunded promptly.

Prices
The Missouri Bar publishes books on Missouri law as a member service. Unlike for-profit operations, MoBarCLE spends only a modest amount on packaging, marketing, and “window dressing.” Our emphasis is on substance, so we invest our resources in researching, editing, cite checking, and professionally indexing our books. The prices for MoBarCLE books reflect our nonprofit philosophy. Although we don’t share the cost advantages of the national publishers who print and sell thousands of copies of a book, we try to keep our prices at a reasonable level through careful cost control procedures. We also rely on volunteer authors and reviewers who donate their valuable time and expertise to help us serve you.

Supplements

The Missouri Bar supplements its books on an as-needed basis. Prices vary according to our production costs. When you order a book from The Missouri Bar, your purchase includes the current supplement.

Updating

If we update a publication within 90 days of your purchase, you can apply your initial purchase price toward the new price. You just pay the difference plus shipping on the difference. You keep both publications for the cost of the new one plus shipping.

Course Materials

The Missouri Bar has a limited quantity of course materials available for sale. Please call toll-free (888) 253-6013 to receive a current list.

Discounts
MoBarCLE offers the following discounts on full price orders: 2 titles - 10% 4 titles - 20% 6 titles or more - 30%

Ordering Information

To order, use the order form or call The Missouri Bar tollfree at (888) 253-6013, between the hours of 8 a.m. and 5 p.m., Monday through Friday. Or fax your order to us 24 hours a day at (573) 659-8931; e-mail us at cle@mobar. org; or order online at www.mobarcle.org. Although you should allow two weeks for delivery, most books and supplements are in stock and are sent out within two working days.

Complete Library

We also offer a complete library price of $4,500. A savings of over 50% off individual title prices.

Feedback and Suggestions
Do you have an idea for a new MoBarCLE deskbook or a suggestion for improving an existing one? Have you found an error in one of our books? Would you like information on becoming an author or reviewer of a MoBarCLE deskbook? E-mail your comments or requests to cle@mobar.org or call (573) 635-4128.

Let The Missouri Bar CLE deskbooks help you
MoBarCLE deskbooks are developed specifically for Missouri attorneys. Because these books cover Missouri law, they save you time, make your work easier, and make you more productive. If you’re not using MoBarCLE deskbooks, your competition may know something you don’t.
52

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The Missouri Bar Continuing Legal Education
President: H.A. “Skip” Walther, Columbia Executive Director: Keith A. Birkes CLE Publications Director: Kent R. Hopper Director of CLE Programs: Delores L. Shepherd CLE Programs Attorney: R. Lucas Boling CLE Publications Editor: Karen J. Brendel CLE Publications Editor: Lura A. McAllister CLE Publications Assistant: Sandy L. Hinde CLE Programs Planner: Becky S. Brenneke CLE Programs Coordinator: Diane Keevil CLE Programs Assistant: Teresa L. Lahmeyer CLE Programs Registrar: Melinda L. Strope

MoBarCLE Publications

Legal Education Committee
T. Jack Challis, Chair Clifford S. Brown, Vice Chair Suzette Carlisle, Vice Chair Willie J. Epps, Jr., Vice Chair David L. Vincent, Board of Governors Liaison Members Erik A. Bergmanis Michael G. Berry T. Bennett Burkemper, Jr. Daniel P. Card, II Nimrod T. Chapel, Jr. Penny J. Curtis Keith A. Cutler Cara L. Detring Gwendelyn Garcia Thomas G. Glick Tina M. Crow Halcomb Gregory F. Hoffmann Jason H. Lamb Vanita R. Massey Lauren E. Tucker McCubbin Charles E. Rendlen, III Jason M. Sengheiser Wallace S. Squibb

53

MoBarCLE Publications Electronic Libraries
MoBarCLE deskbooks are available electronically through Fastcase, LexisNexis, and Loislaw.

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MoBarCLE Publications
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