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Joshua Paul Fershee, JD

Dean, School of Law

Professor

Josh Fershee

Contact

JoshuaFershee@creighton.edu
School of Law
Deans
Faculty - Law
Administration - Law
LAWC - Ahmanson Law Center - 287

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.
 

Position

Professor

Books

  • Innovation in Energy Law and Technology : Dynamic Solutions for Energy Transitions
    Fleming Ruven, The ‘hydrogen economy’ in the United States and the European Union 2018
  • The Law of Clean Energy: Efficiency and Renewables
    Fershee Joshua P., Renewables mandates and goals 2011
  • Climate change and the law
    Wold Chris, Changing resources, changing markets 2009
  • State Antitrust Practice and Statutes
    Fershee Joshua P., North Dakota 2009
  • Prince Samantha J., Comments on Federal Trade Commission Non-Compete Ban Proposed Rule, Matter No. P201200 -0001

Articles

  • Nebraska Lawyer
    Fershee Joshua P., A look back and a look ahead at Creighton University School of Law
    22:5 2019
  • Creighton Lawyer
    Fershee Joshua, Message from the Dean 2019

Publications

  • Transactions: The Tennessee Journal of Business Law
    Fershee Joshua P., The benefits and burdens of limited liability
    22:2 2021
  • Texas A&M Journal of Property Law
    Fershee Joshua P., Oil & Gas Survey
    6:3 2020
  • Transactions: The Tennessee Journal of Business Law
    Fershee Joshua P., This, I believe
    21:2 2020
  • North Dakota Law Review
    Fershee Joshua, A tribute to Patti Alleva
    94:2 2019
  • Transactions: The Tennessee Journal of Business Law
    Fershee Joshua P., An overt disclosure requirement for eliminating the duty of loyalty
    20:2 2019
  • Extractive Industries and Society
    Jacquet Jeffrey B., A decade of Marcellus Shale
    5:4 2018
  • Stein Amy L., Decarbonizing light duty vehicles 2018
  • Transactions: The Tennessee Journal of Business Law
    Fershee Joshua P., The end of responsible growth and governance?
    19:1 2018
  • Fershee Joshua P., Public utilities and their regulation 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 2016
  • Fershee Joshua P., Wrong 2015
  • John Marshall Law Review
    Fershee Joshua P., Horizontal drilling, vertical problems
    49:2 2015
  • West Virginia Law Review
    Fershee Joshua P., Facts, fiction, and perception in hydraulic fracturing
    116:3 2014
  • Texas Wesleyan Law Review
    Fershee Joshua P., Oil and gas evolution
    19:1 2012
  • Environmental & Energy Law & Policy Journal
    Fershee Joshua P., Promoting an all of the above approach or pushing (oil) addiction and abuse?
    7:2 2012
  • Harvard Business Law Review Online
    Fershee Joshua P., LLCs and corporations
    1 2011
  • North Dakota Law Review
    Fershee Joshua P., North Dakota expertise
    87:4 2011
  • William and Mary Environmental Law and Policy Review
    Fershee Joshua P., Choosing a better path
    36:1 2011
  • Fershee Joshua P., Energy subsidies 2011
  • Connecticut Law Review
    Fershee Joshua P., Moving power forward
    42:5 2010
  • William and Mary Environmental Law and Policy Review
    Fershee Joshua P., When prayer trumps politics
    35:1 2010
  • North Dakota Law Review
    Fershee Joshua P., Geothermal bonus
    85:4 2009
  • Texas Environmental Law Journal
    Fershee Joshua P., Atomic power, fossil fuels, and the environment
    39:2-3 2009
  • Cumberland Law Review
    Fershee Joshua P., Struggling past oil
    40:1 2009
  • Fershee Joshua P., Bailout has to have strings 2008
  • Monthly Digest of Tax Articles
    Fershee Joshua, Tax magic
    58:6 2008
  • Energy Law Journal
    Fershee Joshua P., Changing resources, changing markets
    29:1 2008
  • North Dakota Law Review
    Fershee Joshua P., North Dakota Publicly Traded Corporations Act
    84:4 2008
  • Kahn Jeffery H., Tax magic 2007
  • Harvard Journal on Legislation
    Fershee Joshua P., Misguided energy
    44:2 2007
  • Energy law journal
    Lyons Christopher, Report of the Judicial Review Committee
    28:1 2007
  • Wyoming Law Review
    Fershee Joshua P., Levels of green
    7:2 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 2004
  • Tulane Law Review
    Fershee Joshua P., Aviall Services v. Cooper Industries
    76:5-6 2002

Presentations

  • Respecting the entity 2019
  • Introduction: Interdisciplinary shale gas research 2018
  • Community planning and the North Dakota sovereign wealth fund (plenary speaker) 2017
  • A natural (gas) evolution 2016
  • Providing fuel for transportation in the new energy mix 2015
  • Power shift 2015
  • An environmental dream or regulatory nightmare 2014
  • Collapsed (federal) cooperation 2013
  • Waste(d) water 2013
  • The future has gas 2013
  • The oil and gas evolution 2013
  • The role of natural gas in a clean(er) energy future 2013
  • Respecting boundaries 2012
  • Balancing power 2010
  • Driving technology 2010
  • The implied covenant of good faith means the contract makes some sense (if only a little) -0001
  • LLCs -0001
  • Law firms should not have corporate practice groups -0001
  • LLCs are not corporations -0001
  • Some things I think -0001
  • Managing grief and sharing our way forward (music edition) -0001
  • Dear students -0001
  • Teaching moment -0001
  • Is an LLMC member labeled as a partner personally liable for LLC debts? -0001
  • More misidentified LLCs, plus lagniappe -0001
  • Court (eventually) gets law right -- the entity? Not so much -0001
  • Fershee Article -0001
  • Short paper -0001
  • New paper -0001
  • The LLC as a corporation -- The hits keep coming -0001
  • Paper from Prof. Haneman -0001
  • Business associations & relationships on the future bar exam -0001
  • On corporate purpose, director primacy, and the business judgment rule -0001
  • If sole ownership of an entity means alter ego, then veil piercing will be inevitable -0001
  • Tennessee court subtly affirms that LLCs are not corporations -0001
  • New dean v. new professor -0001
  • LLCs (still not corporations) win some, lose some in new opinions -0001
  • The bar exam -0001
  • LLC mistakes closer than Kevin Bacon -0001
  • First day of school -0001
  • LLCs still not corporations, even in class action settlements -0001
  • Dear Florida -0001
  • I hate federal partnership law, but LLCs are still not corporations -0001
  • Dissent duly noted -0001
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