Duquesne University School of Law

Steven Baicker-McKee, J.D.

Assistant Professor of Law

Office: Hanley Hall 234

Phone Number: 412.396.2258

E-Mail Address: baickermckees@duq.edu

Education: J.D., William and Mary Law School
B.A., Yale University

Assistant Professor Steven Baicker-McKee joined the Duquesne University School of Law faculty after practicing for 23 years at Babst Calland. Baicker-McKee obtained his law degree from William and Mary, where he served on the board of editors for the Law Review, and his undergraduate degree from Yale University. Baicker-McKee is co-author of the Federal Civil Rules Handbook, a leading work for lawyers in federal court, and A Student's Guide to the Federal Rules of Civil Procedure, used by law students across the United States. He is also a co-author of Learning Civil Procedure, Mastering Multiple Choice for Federal Civil Procedure, and The Federal Litigator, a monthly publication summarizing developments in federal practice. He also serves as the reporter for the local federal rules committee. Baicker-McKee is "AV"-rated by Martindale-Hubbell, named a "Key Author" by West Publishing Company, regularly selected as a Pennsylvania "Super Lawyer," elected to the Academy of Trial Lawyers, and recognized in The Best Lawyers of America. He teaches courses in civil procedure, advanced pretrial litigation techniques, and energy law.   Download CV.

  • Civil Procedure and Drafting I and II
  • Energy Law
  • Pretrial Civil Litigation Simulation
  • Federal Practice Clinic
  • Energy and Environmental Law in a Comparative Context
  • Pleadings and Discovery Skills
  • Criminal Practice Simulation

Co-author, Learning Civil Procedure (with Jeff Stempel, Brooke Coleman, Michael Kaufman, and David Herr), 2nd Edition

Co-author, Mastering Multiple Choice for Federal Civil Procedure (with William Janssen).

Co-author, A Student's Guide to the Federal Rules of Civil Procedure (with William Janssen & John B. Corr), West Publishing, now in its 18th Edition and used in more than 60 law schools.

Co-author, Federal Civil Rules Handbook (with William Janssen & John B. Corr), West Publishing, now in its 21st Edition. The text of the Handbook is also adopted as Volume 12B of Wright and Miller, Federal Practice and Procedure, West Publishing.

Author, “The Award of E-Discovery Costs of the Prevailing Party: An Analog Solution in a Digital World,” Cleveland State Law Review, 2015.

"Reconceptualizing Managerial Judges," accepted for publication in the American University Law Review.

"Water Sourcing and Wastewater Disposal: Two of the Least Worrisome Aspects of Marcellus Shale Development in Pennsylvania," (with Kevin Garber and Jean Mosites), accepted for publication in the Duquesne Business Law Journal.

“The Award of E-Discovery Costs of the Prevailing Party: An Analog Solution in a Digital World,” Cleveland State Law Review, November 2013.

"The Consumer Product Safety Improvement act of 2008: The Next Big Wave of Litigation," Civil Litigation Update, Pennsylvania Bar Association, Volume 14, No. 4, Fall 2009.

"Climate Change - Public Nuisance or Political Question?" (with Erica Koehl), Civil Litigation Update, Pennsylvania Bar Association, Volume 14, No. 2, Spring 2009.

"Proving Causation in Toxic Tort Litigation" (with Shawn Dryer & Chris Helms), Civil Litigation Update, Pennsylvania Bar Association, Volume 13, No. 3, Fall 2008.

"Rewriting the Rule Book: The 2007 Amendments to the Federal Rules of Civil Procedure," Civil Litigation Update, Pennsylvania Bar Association, Volume 12, No. 3, Fall 2007.

"Western District Implements New Alternative Dispute Resolution Program," (with Steven Collier), Civil Litigation Update, Pennsylvania Bar Association, Volume 11, No. 4, Fall 2006.

"'Lone Pine'Orders and Their Effect on Toxic Tort Litigation" (with Antonino Legeza & Timothy C. Wolfson), Civil Litigation Update, Pennsylvania Bar Association, Volume 11, No. 4, Fall 2006.

"Significant New Amendments to the Federal Rules of Civil Procedure Addressing Electronic Discovery, Civil Litigation Update, Pennsylvania Bar Association, Volume 11, No. 3, Summer 2006.

"Data Quality and Risk Assessment" (with Timothy C. Wolfson), Civil Litigation Update, Pennsylvania Bar Association, Volume 11, No. 3, Summer 2006.

"American Telephone & Telegraph Co. v. Compagnie Bruxelles Lambert: A New Line of Defense for Parent Corporations," Environmental Law Reporter, 1997.

"Regents, University of California v. Doe," West's Legal News, December 2, 1996.

"The Supreme Court to Determine the Scope of Eleventh Amendment Immunity," West's Legal News, December 2, 1996.

"Caterpillar v. Lewis: Can Jurisdiction at the Time of Trial Cure Faulty Removal," West's Legal News, November 11, 1996.

"Rule 30(b)(6) - Deposition of Party Representative: What Questions Should You Let Your Witness Answer?" West's Legal News, September 9, 1996.

"Narrowing the Roads of Private Cost Recovery: Recent Developments Limiting the Recovery of Private Response Costs Under CERCLA §107," (with others), The Environmental Law Reporter, Vol. XXV, No. 11, November, 1995.

"Suing the Federal Government Under CERCLA," The Environmental Law Reporter.

"Violence in Athletics: A Judicial Approach," Entertainment & Sports Law Journal, Fall 1986.

2015 Excellence in Teaching award

Past Chair of the PBA Civil Litigation Section

Past Co-Chair of the Federal Practice Section of the PBA

Founder and Past Co-Chair of the Toxic Tort Committee of the PBA

Served on Board of Regional Development Funding Corp

Serves on the Board of the Pittsburgh Squash Association, and serves as the Tournament Director of the Pittsburgh Open, an annual international professional squash tournament

Elected to the Academy of Trial Lawyers and has been recognized as one of the nation's top lawyers in The Best Lawyers of America® and as one of Pennsylvania's best lawyers in a survey published in Philadelphia magazine.

Monday, September 18, 2017

The Tribune-Review interviewed Assistant Professor Steven Baicker-McKee for this story a Read More »

Wednesday, June 7, 2017

Duquesne University law students had a private meeting with Ireland’s Senator Frances Black this Read More »

Wednesday, May 31, 2017

Duquesne Law participated in the Institute for Energy Law’s 4th Appalachia General Counsel Forum Read More »

Books

Federal Civil Rules Handbook

Steven Baicker-McKee, William Janssen and John B. Corr, Federal Civil Rules Handbook (Thomson West, 2017 ed.).

A Student's Guide to the Federal Rules of Civil Procedure

Steven Baicker-McKee and William Janssen, A Student's Guide to the Federal Rules of Civil Procedure (West Academic, 2017-2018 ed.).

Mastering Multiple Choice for Federal Civil Procedure

Steven Baicker-McKee and William Janssen, Mastering Multiple Choice for Federal Civil Procedure: MBE bar prep and 1L exam prep (West Academic, 2nd ed. 2016).

Learning Civil Procedure, 2d

Jeff Stempel, Steven Baicker-McKee, Brooke Coleman, Michael Kaufman and David Herr, Learning Civil Procedure (West Academic, 2nd ed. 2015).

Book Chapters

Federal Civil Litigation

Steven Baicker-McKee, Federal Civil Litigationin US Rechtspraxis – Praxishandbuch Zivil- und Strafrecht (Verlag Walter de Gruyter GmbH 2017).

Discovery: Legal Aspects

Steven Baicker-McKee, Discovery: Legal Aspectsin Vol. 6 International Encyclopedia of the Social & Behavioral Sciences, 2nd edition 516-522 (2015).

Environmental Regulation and Litigation

Steven Baicker-McKee, Environmental Regulation and Litigationin Environmental Forensics for Persistent Organic Pollutants 21-58 (Gwen O'Sullivan and Court Sandau, eds., 2014).

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Articles

Mountain or Molehill

Steven Baicker-McKee, Mountain or Molehill, Duq. L. Rev. (2017).

The Excited Utterance Paradox

Steven Baicker-McKee, The Excited Utterance Paradox, 41 Seattle U.L. Rev. (2017).

Ch-Ch-Ch-Ch Changes, Turn and Face the Strange … 2015 Amendments to the FRCP

Steven Baicker-McKee, Ch-Ch-Ch-Ch Changes, Turn and Face the Strange … 2015 Amendments to the FRCP, Pa. Bar Assoc. Fed. Prac. Comm. Newsl. (First Quarter 2016).

Reconceptualizing Managerial Judges

Steven Baicker-McKee, Reconceptualizing Managerial Judges. 65(2) Am. U.L. Rev. 353-397.

http://www.aulawreview.org/pdfs/65/65.2/Baicker-McKee.pdf
The Award of E-Discovery Costs of the Prevailing Party: An Analog Solution in a Digital World

Steven Baicker-McKee, The Award of E-Discovery Costs of the Prevailing Party: An Analog Solution in a Digital World, Cleveland St. L. Rev. (2015).

Water Sourcing and Wastewater Disposal: Two of the Least Worrisome Aspects of Marcellus Shale Development in Pennsylvania

Steven Baicker-McKee, Kevin Garber and Jean Mosites, Water Sourcing and Wastewater Disposal: Two of the Least Worrisome Aspects of Marcellus Shale Development in Pennsylvania, Duq. Bus. L.J. 13(2).

http://www.duqlawblogs.org/blj/2012/05/18/water-sourcing-and-wastewater-disposal...
The Consumer Product Safety Improvement Act of 2008: The Next Big Wave of Litigation

Steven Baicker-McKee, The Consumer Product Safety Improvement Act of 2008: The Next Big Wave of Litigation, Civil Litigation Update, Volume 14, No. 4, Fall 2009.

Climate Change - Public Nuisance or Political Question?

Steven Baicker-McKee and Erica Koehl, Civil Litigation Update, Volume 14, No. 2, Spring 2009.

Rewriting the Rule Book: The 2007 Amendments to the Federal Rules of Civil Procedure

Steven Baicker-McKee, Rewriting the Rule Book: The 2007 Amendments to the Federal Rules of Civil Procedure, Civil Litigation Update, Vol. 12, No. 3, Fall 2007.

Proving Causation in Toxic Tort Litigation

Steven Baicker-McKee, Shawn Dryer and Chris Helms, Proving Causation in Toxic Tort LitigationCivil Litigation Update, Vol. 13, No. 3, Fall 2008.

'Lone Pine' Orders and Their Effect on Toxic Tort Litigation

Steven Baicker-McKee, Antonino Legeza and Timothy C. Wolfson, 'Lone Pine' Orders and Their Effect on Toxic Tort LitigationCivil Litigation Update, Vol. 11, No. 4, Fall 2006.

Western District Implements New Alternative Dispute Resolution Program

Steven Baicker-McKee and Steven Collier, Western District Implements New Alternative Dispute Resolution ProgramCivil Litigation Update, Vol. 11, No. 4, Fall 2006.

Data Quality and Risk Assessment

Steven Baicker-McKee and Timothy C. Wolfson, Civil Litigation Update, Vol. 11, No. 3, Summer 2006.

Significant New Amendments to the Federal Rules of Civil Procedure Addressing Electronic Discovery

Steven Baicker-McKee, Significant New Amendments to the Federal Rules of Civil Procedure Addressing Electronic Discovery, Civil Litigation Update, Vol. 11, No. 3, Summer 2006.

American Telephone & Telegraph Co. v. Compagnie Bruxelles Lambert: A New Line of Defense for Parent Corporations

Steven Baicker-McKee, American Telephone & Telegraph Co. v. Compagnie Bruxelles Lambert: A New Line of Defense for Parent Corporations, Environmental Law Reporter, 1997.

 

The Supreme Court to Determine the Scope of Eleventh Amendment Immunity

Steven Baicker-McKee, The Supreme Court to Determine the Scope of Eleventh Amendment Immunity, West's Legal News, December 2, 1996.

 

Regents, University of California v. Doe

Steven Baicker-McKee, Regents, University of California v. Doe, West's Legal News, December 2, 1996.

 

Caterpillar v. Lewis: Can Jurisdiction at the Time of Trial Cure Faulty Removal

Steven Baicker-McKee, Caterpillar v. Lewis: Can Jurisdiction at the Time of Trial Cure Faulty Removal, West's Legal News, November 11, 1996.

 

Rule 30(b)(6) - Deposition of Party Representative: What Questions Should You Let Your Witness Answer?

Steven Baicker-McKee, Rule 30(b)(6) - Deposition of Party Representative: What Questions Should You Let Your Witness Answer?, West's Legal News, September 9, 1996.

 

Narrowing the Roads of Private Cost Recovery: Recent Developments Limiting the Recovery of Private Response Costs Under CERCLA §107

Steven Baicker-McKee (with others), Narrowing the Roads of Private Cost Recovery: Recent Developments Limiting the Recovery of Private Response Costs Under CERCLA §107The Env. L. Rep., Vol. XXV, No. 11, November, 1995.

Violence in Athletics: A Judicial Approach

Steven Baicker-McKee, Violence in Athletics: A Judicial Approach, Entertainment & Sports Law Journal, Fall 1986.

 

Suing the Federal Government Under CERCLA

Steven Baicker-McKee, Suing the Federal Government Under CERCLA, The Environmental Law Reporter.

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Newsletters

Federal Litigator

Steven Baicker-McKee, Federal Litigator. Thomson Reuters. (Monthly newsletter)

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Presentations

Year 2000 For the Environmental Lawyer

Steven Baicker-McKee, Year 2000 For the Environmental Lawyer, presentation at Pennsylvania Bar Institute, Environmental Law Forum.

Year 2000 - What Every Business Lawyer Needs to Know - And Nothing More

Steven Baicker-McKee, Year 2000 - What Every Business Lawyer Needs to Know - And Nothing More, presentation at Allegheny County Bar Association Annual Meeting.

Update New Developments in Federal Procedure

Steven Baicker-McKee, Update New Developments in Federal Procedure, Pennsylvania Bar Association.

Developing an Effective Electronic Discovery Response Plan

Steven Baicker-McKee, Developing an Effective Electronic Discovery Response Plan, Presentation at the American Corporate Counsel Association.

Electronic Data Retention

Steven Baicker-McKee, Electronic Data Retention, Presentation at Pennsylvania Bar Association Annual Meeting.

New Pennsylvania Rule of Civil Procedure 207.1

Steven Baicker-McKee, New Pennsylvania Rule of Civil Procedure 207.1, presentation to Pennsylvania Bar Institute.

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