Steven Baicker-McKee, J.D.

Steven Baicker-McKee

Associate Dean of Teaching Excellence and Strategic Initiatives and Associate Professor of Law
School of Law
Law

Room 234, Hanley Hall
Phone: 412.396.2258
baickermckees@duq.edu

Education:

J.D., Law, William and Mary, 1987
B.A., Yale University, 1980
Bio

Steven Baicker-McKee, Duquesne Law's associate dean for teaching excellence and strategic initiatives and associate professor, joined the law faculty after practicing for 23 years at Babst Calland. 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. 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.

Courses

FALL 2018
Civil Procedure and Drafting I (02)
Pleading and Discovery Simulation (01)
Pretrial Civil Litigation Simulation (61)

SPRING 2019
Civil Procedure II (02)
Environmental Law (61)

FALL 2019
Civil Procedure & Drafting I (02)
Pretrial Civil Litigation Simulation (01)

Honors/Professional Affiliations

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.

Scholarship

Books

Mastering Multiple Choice for Federal Civil Procedure
Steven Baicker-McKee and William M. Janssen, Mastering Multiple Choice for Federal Civil Procedure: MBE Bar Prep and 1L Exam Prep (West Academic Publishing, 3rd ed. 2018).

A Student's Guide to the Federal Rules of Civil Procedure
Steven Baicker-McKee and William M. Janssen, A Student's Guide to the Federal Rules of Civil Procedure (West Academic Publishing 2018-2019 ed.).

Learning Civil Procedure
Brooke D. Coleman, Jeffrey W. Stempel, Steven Baicker-McKee, David F. Herr, and Michael J. Kaufman, Learning Civil Procedure (West Academic Publishing, 3rd ed. 2018).

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 Publishing, 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 Publishing, 2nd ed. 2016).

Learning Civil Procedure, 2d
Jeff Stempel, Steven Baicker-McKee, Brooke Coleman, Michael Kaufman and David Herr, Learning Civil Procedure (West Academic Publishing, 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).https://doi.org/10.1515/9783899498103-002

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).

Rewriting the e-Discovery Rules
Steven Baicker-McKee, Rewriting the e-Discovery Rules-The 2006 Amendments, in Instant Awareness: An Immediate Look at the Legal, Governmental, and Economic Ramifications of the Amendments to the Federal Rules of Civil Procedure and Electronic Discovery (Thomson/Aspatore 2008).

Articles

Mountain or Molehill
Steven Baicker-McKee, Mountain or Molehill, 55 (2) Duq. L. Rev. 307-338 (2017).https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3075981

The Excited Utterance Paradox
Steven Baicker-McKee, The Excited Utterance Paradox, 41 Seattle U.L. Rev. 111 (2017).https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3091654

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).http://www.pabar.org/public/committees/fed01/newsletters/Federal%20Practice%2020...

Reconceptualizing Managerial Judges
Steven Baicker-McKee, Reconceptualizing Managerial Judges. 65(2) Am. U.L. Rev. 353-397.https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3241515, http://www.aulawreview.org/pdfs/65/65.2/Baicker-McKee.pdf

The Award of E-Discovery Costs to the Prevailing Party: An Analog Solution in a Digital World
Steven Baicker-McKee, The Award of E-Discovery Costs to the Prevailing Party: An Analog Solution in a Digital World, 63 Cleveland St. L. Rev. 397 (2015).https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3108522

Supreme Court's Decision Clarifies Patent Infringement Jurisdiction
Steven Baicker-McKee, Supreme Court's Decision Clarifies Patent Infringement Jurisdiction, Jurist, Feb. 13, 2014.http://www.jurist.org/forum/2014/02/steven-baickermckee-medtronic-mirowski.php

Duquesne Law Students Take a Field Trip
Steven Baicker-McKee, Duquesne Law Students Take a Field Trip, Duquesne Alumni Magazine, Summer 2013 at 14.

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).https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3126314

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 Litigation, Civil 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 Litigation, Civil 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 Program, Civil Litigation Update, Vol. 11, No. 4, Fall 2006.

Data Quality and Risk Assessment
Steven Baicker-McKee and Timothy C. Wolfson, Data Quality and Risk Assessment, 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, 27 (9) 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 §107, The 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).https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3244435

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

Newsletter

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

Presentations

Recent Developments in Personal Jurisdiction
Steven Baicker-McKee, Recent Developments in Personal Jurisdiction, roundtable discussion at Academy of Trial Lawyers (Dec. 15, 2017).

Selective Comparison of Federal and State Rules, Procedures and Practices
Steven Baicker-McKee, Joy Conti and John Spataro, Selective Comparison of Federal and State Rules, Procedures and Practices, Pennsylvania Bar Association, Civil Litigation Section Retreat (Mar. 24, 2017).

Mountain or Molehill
Steven Baicker-McKee, Mountain or Molehill, Thomson Reuters Webinar (Nov. 14, 2016).

Much Ado About Nothing: An Empirical Analysis of the Initial Effects of the 2015 Amendments to the Federal Rules of Civil Procedure
Steven Baicker-McKee, Much Ado About Nothing: An Empirical Analysis of the Initial Effects of the 2015 Amendments to the Federal Rules of Civil Procedure, Pennsylvania Bar Association, Civil Litigation Section Retreat (Apr. 9, 2016).

The Ethics of Experts
Steven Baicker-McKee, The Ethics of Experts, presentation at the Wecht Institute (Dec. 18, 2015).

Update on the 2015 Amendments to the Federal Rules of Civil Procedure
Steven Baicker-McKee, Update on the 2015 Amendments to the Federal Rules of Civil Procedure, presentation at the Academy of Trial Lawyers (Dec. 1, 2015).

Navigating Yet Another Tsunami of Federal Civil Rules Changes
Steven Baicker-McKee, Navigating Yet Another Tsunami of Federal Civil Rules Changes, presentation given at Western District of Pennsylvania Judges and Court Staff (Nov. 16, 2015), Thomson Reuters Webinar (Nov. 1, 2015), Babst Calland (Oct. 15, 2015), the Academy of Trial Lawyers (Dec. 12, 2014), Pennsylvania Bar Institute (Dec. 10, 2014) and Thomson Reuters Webinar (Nov. 12, 2014).

It Wasn't My Fault!
Steven Baicker-McKee, It Wasn't My Fault!, presentation at Central states Law Schools Associations 2015 Annual Scholarship Conference (Oct. 9, 2015).

Pennsylvania Rules of Appellate Procedure, Should Pennsylvania Adopt the federal Model or Maintain its Independent Approach to Appellate Procedure?
Steven Baicker-McKee, Michael Fisher and Debra Todd, Pennsylvania Rules of Appellate Procedure, Should Pennsylvania Adopt the federal Model or Maintain its Independent Approach to Appellate Procedure?, panel discussion (Oct. 8, 2015).

Managerial Judges
Steven Baicker-McKee, Managerial Judges, Three School Colloquium (Apr. 17, 2015).

The Forensics of Fracking
Steven Baicker-McKee, The Forensics of Fracking, The Wecht Institute (Sep. 2014).

The Award of E-Discovery Costs to the Prevailing Party: An Analog Solution in a Digital World
Steven Baicker-McKee, The Award of E-Discovery Costs to the Prevailing Party: An Analog Solution in a Digital World, Junior Faculty Exchange, Cleveland State School of Law (Nov. 2013).

Lincoln on Professionalism
Steven Baicker-McKee, Lincoln on Professionalism, Pennsylvania Bar Institute (May 2013).

Avoiding a Battle - When ADR is Appropriate and How to Make it More Effective
Steven Baicker-McKee, Avoiding a Battle - When ADR is Appropriate and How to Make it More Effective, PBA Civil Litigation Section Retreat (Apr. 2013).

Great Lakes Conference
Steven Baicker-McKee, panel moderator, Great Lakes Conference (Nov. 2012).

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.