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.
Ripstein Larry E., Lipshaw Jeffrey M., Miller Elizabeth S., Fershee Joshua P., Unincorporated business entities 2013
Book, Chapter/Section
Legal Pathways to Deep Decarbonization in the United States Stein Amy L., Fershee Joshua P., Light-duty vehicles [Book Chapter] 2019
Innovation in Energy Law and Technology : Dynamic Solutions for Energy Transitions Fleming Ruven, Fershee Joshua P., 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., Fershee Joshua P., Light-duty vehicles [Book Chapter] 2018
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, Hunter David, Fershee Joshua, Powers Melissa, Changing resources, changing markets [Book Chapter] 2009
General
Fershee Joshua, Letter from the deans of American Law Schools 2024
Fershee Joshua P., Is entity type material? 2016
Fershee Joshua P., Wrong 2015
Fershee Joshua P., Bailout has to have strings 2008
Sullivan Mary Anne, Fershee Joshua P., States get together on greenhouse gases 2006
Prince Samantha J., Moringiello Juliet M., Mootz Francis, Pivateau Griffin Toronjo, Steele Daiquiri, Edwards Benjamin, Bodie Matthew, Brooks Chaz, Dorfman Doron, Fershee Joshua Paul, Hurt Christine, Comments on Federal Trade Commission Non-Compete Ban Proposed Rule, Matter No. P201200 -0001
Articles
Creighton Law Fershee Joshua, Message from the Dean, p. i 2024
Creighton Lawyer Fershee Joshua, Dean's message, p. 3 2022
Creighton Lawyer Fershee Joshua, Message from the Dean, p. 3 2019
Publications
University of Toledo law review Fershee Joshua, Reimagining legal education 57:2, p. 229 - 242 2026
Seton Hall Law Review Prince Samantha J., Fershee Joshua, An LLC by any other name is still not a corporation 54:4, p. 1105 - 1164 2024
North Dakota Law Review Fershee Joshua, Fershee Kendra, A tribute to Patti Alleva 94:2, p. 346 - 348 2019
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
John Marshall Law Review Fershee Joshua P., Shay S. Alex, Horizontal drilling, vertical problems 49:2, p. 413 - 447 2015
Texas Law Review See Also Fershee Joshua P., How local is local? 93, p. 61 - 64 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
Environmental Law Fershee Joshua P., The rising tide of climate change 39:4, p. 1109 - 1141 2009
Cumberland Law Review Fershee Joshua P., Struggling past oil 40:1, p. 87 - 118 2009
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
Harvard Journal on Legislation Fershee Joshua P., Misguided energy 44:2, p. 327 - 471 2007
Energy law journal Lyons Christopher, Flynn Aaron, Haddad Michael, Neal S, Fershee Joshua, Hall Walter, Hardee Lisa, McCaffrey John, Moore Susan, Walsh Elaine, 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
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
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