Joshua Paul Fershee, JD
Dean, School of Law
Professor
Joshua Fershée, JD, became the 11th dean of the Creighton University School of Law on July 1, 2019. Fershée previously served as associate dean for faculty research and development, professor of law, and director of LLM programs at West Virginia University College of Law.
Earning a bachelor’s degree in social science from Michigan State University in 1995, Fershée began his career in public relations and media outreach before attending the Tulane University School of Law, graduating magna cum laude in 2003 and serving as editor in chief of the Tulane Law Review. He worked in private practice at the firms of Davis Polk & Wardell in New York and Hogan & Hartson, LLP, in Washington, D.C., before joining the legal academy.
Fershée joined the faculty of the University of North Dakota School of Law in 2007, and later served as associate dean for academic affairs and research. He was awarded the North Dakota Spirit Faculty Achievement Award in 2010 for significant contributions in teaching, research, and service. Fershée began his teaching as a visiting assistant professor at Penn State Law.
While at West Virginia University, Fershée facilitated creation of the law school’s first LL.M. Program in Energy and Sustainable Development and was a co-investigator on a $1.2 million grant to advance science and engineering for localized gas utilization. He also headed the Economic and Community Development Group and was a faculty researcher in the Center for Innovation in Gas Research and Utilization, a multidisciplinary center housed in West Virginia University’s Statler College of Engineering and Mineral Resources. Fershée was awarded the 2014-15 Outstanding Faculty Award by the West Virginia Law Review at West Virginia University College of Law.
Fershée’s research has appeared in a variety of journals, including the
Harvard Journal on Legislation,
Harvard Business Law Review Online,
William and Mary Environmental Law and Policy Review, and the
Energy Law Journal, and he recently contributed a book chapter published by Oxford University Press. He is the author of
Energy Law, A Context and Practice Casebook (Carolina Academic Press) and co-author of
Unincorporated Business Entities (LexisNexis, 5th ed.). Fershée is also an editor of the Business Law Prof Blog.
Department
Law
Position
Professor
Books
- Fershee Joshua P., Energy law 2021
- Legal Pathways to Deep Decarbonization in the United States
Stein Amy L., Light-duty vehicles [Book Chapter] 2019 - Innovation in Energy Law and Technology : Dynamic Solutions for Energy Transitions
Fleming Ruven, The ‘hydrogen economy’ in the United States and the European Union [Book Chapter] 2018 - Legal Pathways to Deep Decarbonization in the United States: Summary and Key Recommendations
Stein Amy L., Light-duty vehicles [Book Chapter] 2018 - Fershee Joshua P., Energy law 2014
- Ripstein Larry E., Unincorporated business entities 2013
- The Law of Clean Energy: Efficiency and Renewables
Fershee Joshua P., Renewables mandates and goals [Book Chapter] 2011 - State Antitrust Practice and Statutes
Fershee Joshua P., North Dakota [Book Chapter] 2009 - Climate change and the law
Wold Chris, Changing resources, changing markets [Book Chapter] 2009
Articles
- Fershee Joshua, Letter from the deans of American Law Schools 2024
- Creighton Law
Fershee Joshua, Message from the Dean, p. i - 2024 - Creighton Lawyer
Fershee Joshua, Message from the Dean, p. 3 - 2019
Publications
- Seton Hall Law Review
Prince Samantha J., An LLC by any other name is still not a corporation
54:4, p. 1105 - 1164 2024 - North Dakota Law Review
Fershee Joshua, A tribute to Patti Alleva
94:2, p. 346 - 348 2019 - Transactions: The Tennessee Journal of Business Law
Fershee Joshua P., The end of responsible growth and governance?
19:1, p. 361 - 390 2018 - Fershee Joshua P., Is entity type material? 2016
- Florida Law Review Forum
Fershee Joshua P., Natural gas is changing the clean energy game, but the game is not over
67, p. 221 - 225 2016 - Fershee Joshua P., Wrong 2015
- John Marshall Law Review
Fershee Joshua P., Horizontal drilling, vertical problems
49:2, p. 413 - 447 2015 - West Virginia Law Review
Fershee Joshua P., Facts, fiction, and perception in hydraulic fracturing
116:3, p. 819 - 863 2014 - Texas Wesleyan Law Review
Fershee Joshua P., Oil and gas evolution
19:1, p. 23 - 36 2012 - Environmental & Energy Law & Policy Journal
Fershee Joshua P., Promoting an all of the above approach or pushing (oil) addiction and abuse?
7:2, p. 125 - 153 2012 - Harvard Business Law Review Online
Fershee Joshua P., LLCs and corporations
1, p. 82 - 87 2011 - North Dakota Law Review
Fershee Joshua P., North Dakota expertise
87:4, p. 485 - 505 2011 - William and Mary Environmental Law and Policy Review
Fershee Joshua P., Choosing a better path
36:1, p. 1 - 29 2011 - Connecticut Law Review
Fershee Joshua P., Moving power forward
42:5, p. 1405 - 1423 2010 - William and Mary Environmental Law and Policy Review
Fershee Joshua P., When prayer trumps politics
35:1, p. 53 - 154 2010 - North Dakota Law Review
Fershee Joshua P., Geothermal bonus
85:4, p. 893 - 905 2009 - Texas Environmental Law Journal
Fershee Joshua P., Atomic power, fossil fuels, and the environment
39:2-3, p. 131 - 145 2009 - Cumberland Law Review
Fershee Joshua P., Struggling past oil
40:1, p. 87 - 118 2009 - Fershee Joshua P., Bailout has to have strings 2008
- Monthly Digest of Tax Articles
Fershee Joshua, Tax magic
58:6, p. 40 - 43 2008 - Energy Law Journal
Fershee Joshua P., Changing resources, changing markets
29:1, p. 49 - 77 2008 - North Dakota Law Review
Fershee Joshua P., North Dakota Publicly Traded Corporations Act
84:4, p. 1085 - 1108 2008 - Kahn Jeffery H., Tax magic 2007
- Harvard Journal on Legislation
Fershee Joshua P., Misguided energy
44:2, p. 327 - 471 2007 - Energy law journal
Lyons Christopher, Report of the Judicial Review Committee
28:1, p. 357 - 373 2007 - Wyoming Law Review
Fershee Joshua P., Levels of green
7:2, p. 269 - 293 2007 - Sullivan Mary Anne, States get together on greenhouse gases 2006
- Valparaiso University Law Review
Fershee Joshua P., From self-determination to self-domination
39:1, p. 1 - 26 2004 - Tulane Law Review
Fershee Joshua P., Aviall Services v. Cooper Industries
76:5-6, p. 1749 - 1760 2002 - Prince Samantha J., Comments on Federal Trade Commission Non-Compete Ban Proposed Rule, Matter No. P201200 -0001
Presentations
- Ipse Dixit Podcast, Discussion: The End of Responsible Growth and Governance?: The Risks Posed by Social Enterprise Enabling Statutes and the Demise of Director Primacy, Oberlin, Ohio, April 10 2019
- Association of American Law Schools, AALS Annual Meeting, Section Chair/Panel Moderator, Section on Agency, Partnership, LLCs, and Unincorporated Associations Program: Respecting the Entity: The LLC Grows Up (with Elizabeth Miller, Baylor; Tom Rutledge, Stoll Keenon Ogden PLLC; Christopher Bradley, Kentucky), New Orleans, Louisiana, Jan. 5 2019
- West Virginia University, 2018 Center for Innovation for Gas Research and Utilization Open House, Introduction: Interdisciplinary Shale Gas Research: Economic & Community Development, Morgantown, West Virginia, Dec. 4 2018
- American Bar Association, LLC Institute, Presentation: "You Can't Pierce the Corporate Veil of an LLC: Because It Doesn't Have One", Arlington, Virginia, Nov. 2 2017
- Energy Impacts Research Coordination Network, Energy Impacts Symposium, Plenary Speaker, "Community Planning and the North Dakota Sovereign Wealth Fund", Columbus, Ohio, July 26 2017
- American Institute of Chemical Engineers, Center for Technology Initiatives, Natural Gas Utilization Workshop: Overcoming Hurdles of Technology Implementation, Session 1: Solving Challenges from the Policy and Market Perspectives: "A Natural (Gas) Evolution: Law and Policy Challenges and Opportunities in the Shale Gas Era", Morgantown, West Virginia, Nov. 2 2016
- West Virginia Division of Energy, 2016 Governor's Energy Summit: Tackling America's Energy Challenges, Poster Presentation: Assessing and Comparing Alternatives in Determining Energy Law and Policy for the Electricity Sector, Roanoke, West Virginia, Oct. 6 2016
- John Marshall Law School Center for Real Estate Law, 14th Kratovil Conference: Fracking, Energy Sources, Climate Change & Real Estate, "Providing Fuel for Transportation in the New Energy Mix", Chicago, Illinois, Sept. 29 2015
- Harvard Law School's Environmental Law Program/Duke University's Nicholas Institute, Workshop: Power Shift: Regulating the Evolving Electricity Sector, Invited Discussant, Washington, DC, Feb. 16 2015
- Texas A&M University School of Law/Texas A&M Law Review, Sixth Annual Energy Symposium, Keynote Speaker: "An Environmental Dream or Regulatory Nightmare? In Pursuit of a New Public Trust Through Hydraulic Fracturing Law and Regulation", Fort Worth, Texas, May 21 2014
- Northwestern Law/Searle Center on Law, Regulation, & Economic Growth, Second Conference on Federalism and Energy in the United States, "Collapsed (Federal) Cooperation: A New Trust Doctrine for Hydraulic Fracturing Regulation" (invited conference speaker), Chicago, Illinois, Nov. 15 2013
- Richmond Law Review Symposium, University of Richmond, The Allen Chair Symposium: The Energy-Water Nexus, "Waste(d) Water: Assessing and Addressing Hydraulic Fracturing Risks" (invited), Richmond, Virginia, Oct. 18 2013
- London Symposia, The Oxford and Cambridge Club, London Symposium on Climate Change, "The Future Has Gas: Recognizing Risks and Reaping Rewards from Shale Fuels, A Learning Opportunity" (accepted), London, United Kingdom, June 23 2013
- Warsaw University of Life Sciences (SGGW), Invited Speaker Panel, "The Oil and Gas Evolution: Learning from the Hydraulic Fracturing Experiences in North Dakota and West Virginia", Warsaw, Poland, June 14 2013
- University of Minnesota Consortium on Law and Values in Health, Environment & the Life Sciences and University of Minnesota Law School, Legal & Policy Pathways for Energy Innovation Conference, "The Role of Natural Gas in a Clean(er) Energy Future", Minneapolis, Minnesota, April 25 2013
- Washington & Lee University School of Law, Journal of Energy, Climate, and the Environment, The "All of the Above" Strategy: Evaluating the Obama Administration and the Future of Federal Law and Policy on Energy and Climate Change, "Respecting the Resource: Battling Climate Change and Fulfilling the Promise of Shale Gas" (invited symposium speaker), Lexington, Virginia, Feb. 1 2013
- Northwestern Law/Searle Center on Law, Regulation, & Economic Growth, Federalism and Energy in the United States, "Respecting Boundaries: A Cooperative Model for Regulating Hydraulic Fracturing", Chicago, Illinois, March 2 2012
- William and Mary Environmental Law and Policy Review, Diversify Your Portfolio: Regulating Energy Sources with Renewable Energy Portfolio Standards, "Balancing Power: Rethinking Renewable Energy Standards", Williamsburg, Virginia, Jan. 29 2010
- Washington and Lee School of Law, Frances Lewis Law Center: Spring 2010 Faculty Workshop Series, Driving Technology: Issues and Challenges in Changing Transportation Fuel Sources, Jan. 28 2010