Joshua P. Fershee writes and teaches in the areas of energy law and policy, business law and corporate governance, and labor and employment law at the University of North Dakota School of Law, where he is an associate professor. Before joining UND, he served as a visiting assistant professor of law at Penn State University’s Dickinson School of Law in State College, Pennsylvania, and practiced in New York City and Washington, D.C. In his practice he represented energy clients in matters before state and federal regulators, analyzed state and federal legislation, and advised clients on mergers and acquisitions, climate change issues, and renewable portfolio standards. Recent articles have appeared in a variety of journals, including the Harvard Journal on Legislation, William and Mary Environmental Law and Policy Review, Energy Law Journal, Connecticut Law Review, and Environmental Law. Professor Fershee received his JD magna cum laude from Tulane Law School, where he was elected Order of the Coif and editor in chief of the Tulane Law Review.
Energy and Utilities Law
Reliably Unreliable: The Problems with Piecemeal Federal Transmission and Grid Reliability Policies, Center for Energy and Environmental Law, University of Connecticut School of Law (Policy Paper) (2011)
In the past, electricity was considered a local concern, but over time major portions of...
Choosing a Better Path: The Misguided Appeal of Increased Criminal Liability after Deepwater Horizon, William & Mary Environmental Law and Policy Review (2011)
Despite the potential appeal of dramatically increased liability and sentences in the wake of environmental...
Moving Power Forward: Creating a Forward-Looking Energy Policy Based on a National RPS, Connecticut Law Review (2010)
In Power Forward: The Argument for a National RPS, Professor Lincoln L. Davies provides a...
When Prayer Trumps Politics: The Politics and Demographics of Renewable Portfolio Standards, William & Mary Environmental Law and Policy Review (2010)
This Article seeks to understand who supports renewable energy mandates (and why) by analyzing a...
Atomic Power, Fossil Fuels, and the Environment: Lessons Learned and The Lasting Impact of the Kennedy Energy Policies, Texas Environmental Law Journal (2009)
Because of his short term of office, President Kennedy’s energy policies have not been critiqued,...
Legal History
Atomic Power, Fossil Fuels, and the Environment: Lessons Learned and The Lasting Impact of the Kennedy Energy Policies, Texas Environmental Law Journal (2009)
Because of his short term of office, President Kennedy’s energy policies have not been critiqued,...
From Self-Determination to Self-Domination: Native Americans, Western Culture, and the Promise of Constitutional-Based Reform, Valparaiso University Law Review (2004)
This Article draws upon several sources in considering possible solutions to some of the key...
Law and Society
Choosing a Better Path: The Misguided Appeal of Increased Criminal Liability after Deepwater Horizon, William & Mary Environmental Law and Policy Review (2011)
Despite the potential appeal of dramatically increased liability and sentences in the wake of environmental...
When Prayer Trumps Politics: The Politics and Demographics of Renewable Portfolio Standards, William & Mary Environmental Law and Policy Review (2010)
This Article seeks to understand who supports renewable energy mandates (and why) by analyzing a...
Atomic Power, Fossil Fuels, and the Environment: Lessons Learned and The Lasting Impact of the Kennedy Energy Policies, Texas Environmental Law Journal (2009)
Because of his short term of office, President Kennedy’s energy policies have not been critiqued,...
From Self-Determination to Self-Domination: Native Americans, Western Culture, and the Promise of Constitutional-Based Reform, Valparaiso University Law Review (2004)
This Article draws upon several sources in considering possible solutions to some of the key...
Environmental Law
Reliably Unreliable: The Problems with Piecemeal Federal Transmission and Grid Reliability Policies, Center for Energy and Environmental Law, University of Connecticut School of Law (Policy Paper) (2011)
In the past, electricity was considered a local concern, but over time major portions of...
Choosing a Better Path: The Misguided Appeal of Increased Criminal Liability after Deepwater Horizon, William & Mary Environmental Law and Policy Review (2011)
Despite the potential appeal of dramatically increased liability and sentences in the wake of environmental...
Moving Power Forward: Creating a Forward-Looking Energy Policy Based on a National RPS, Connecticut Law Review (2010)
In Power Forward: The Argument for a National RPS, Professor Lincoln L. Davies provides a...
Atomic Power, Fossil Fuels, and the Environment: Lessons Learned and The Lasting Impact of the Kennedy Energy Policies, Texas Environmental Law Journal (2009)
Because of his short term of office, President Kennedy’s energy policies have not been critiqued,...
The Rising Tide of Climate Change: What America’s Flood Cities Can Teach Us About Energy Policy and Why We Should Be Worried, Environmental Law (2009)
To provide a model for assessing the current and likely responses to climate change risks,...
Corporate Governance
LLCs and Corporations: A Fork in the Road in Delaware?, Harvard Business Law Review Online (2011)
As Vice Chancellor Laster explained in CML V, LLC v. Bax, 6 A.3d 238 (Del....
The North Dakota Publicly Trade Corporations Act: A Branding Initiative Without a (North Dakota) Brand, North Dakota Law Review (2008)
Any time a new market is entered and a new brand is created, whether it...
Business Law
LLCs and Corporations: A Fork in the Road in Delaware?, Harvard Business Law Review Online (2011)
As Vice Chancellor Laster explained in CML V, LLC v. Bax, 6 A.3d 238 (Del....
Indian Law
From Self-Determination to Self-Domination: Native Americans, Western Culture, and the Promise of Constitutional-Based Reform, Valparaiso University Law Review (2004)
This Article draws upon several sources in considering possible solutions to some of the key...
Criminal Law
Choosing a Better Path: The Misguided Appeal of Increased Criminal Liability after Deepwater Horizon, William & Mary Environmental Law and Policy Review (2011)
Despite the potential appeal of dramatically increased liability and sentences in the wake of environmental...