Josh Fershee

 

Josh Fershee

Associate Dean for Academic Affairs and Research
Associate Professor of Law
jfershee@law.und.edu

 

Professor Joshua Fershee teaches Business Associations I & II, Energy Law & Policy, and Labor & Employment Law. His research and scholarship focuses primarily on energy law and corporate law issues. Recent articles have discussed renewable energy programs in the transportation and electricity sectors, climate policy, geothermal energy, and corporate governance. He is also a co-editor of the Business Law Prof Blog and a contributor to the Agricultural Law Blog.

Professor Fershee received his J.D. magna cum laude from Tulane Law School, where he was elected Order of the Coif and editor in chief of the Tulane Law Review. He is also a graduate of Michigan State University, where he received a B.A. in Social Science, with a focus on economics, psychology, and sociology. Before joining the UND School of Law faculty, he served as a visiting professor of law at Penn State University’s Dickinson School of Law in State College, PA.

Professor Fershee began his legal career with Davis Polk & Wardwell, New York, NY, where he represented clients in corporate and litigation matters including mergers and acquisitions, derivatives transactions, and securities regulation. He then joined the energy practice group at Hogan & Hartson, LLP, Washington, D.C., where 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.

Before his legal career, Professor Fershee worked for a Washington, D.C.-based trade association comprised of video and computer game companies where he coordinated the media relations program and conducted intellectual property and anti-piracy training sessions for law enforcement officials (e.g., U.S. Customs and FBI), media, and other key audiences. He then served as a public relations professional in the entertainment technology industry specializing in strategic planning, brand management, and crisis communications with two Los Angeles public relations agencies.

 

ACADEMIC EXPERIENCE

University of North Dakota School of Law
Associate Professor of Law, August 2008 - present
Assistant Professor of Law, July 2007 - August 2010
Faculty Development Fellow for Research & Scholarship, April 2009 - June 2011
     *North Dakota Spirit Faculty Achievement Award (2010)

Courses Taught: 

Business Associations I
Business Associations II
Energy Law and Policy
Labor & Employment Law
Property II

Penn State Dickinson School of Law (State College, PA)
Visiting Assistant Professor, July 2006 – June 2007

Courses Taught:

Legal Research, Writing, and Analysis
Business Planning

New York University School of Law
Judge, NYU Lawyering Program (volunteer)
Spring 2004

Tulane Law School
Senior Fellow (TA) Legal Research & Writing Program
August 2002 – April 2003 

 

PUBLICATIONS

Articles

LLCs and Corporations: A Fork in the Road in Delaware?, 1 Harv. Bus. L. Rev. Online 82 (2011), http://www.hblr.org/2011/06/llcs-and-corporations-a-fork-in-the-road-in-delaware/ (invited submission).

When Prayer Trumps Politics: The Politics and Demographics of Renewable Portfolio Standards. 35 William & Mary Environmental Law & Policy Review, 53 (2010).
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1745535

The Geothermal Bonus: Sustainable Energy as a By-Product of Drilling for Oil, 85 North Dakota Law Review, 893 (2010) (invited) (symposium issue).
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1864778

Atomic Power, Fossil Fuels, and the Environment: Lessons Learned and the Lasting Impact of the Kennedy Energy Policies, 39 Texas Environmental Law Journal 131 (2009).

Moving Power Forward: Creating a Forward-Looking Energy Policy Based on a National RPS, 42 Connecticut Law Review 1405 (2010).

The Rising Tide of Climate Change: What America’s Flood Cities Can Teach Us About Green Energy Policy, and Why We Should Be Worried, 39 Environmental Law 1109 (2009) (invited) (symposium issue)

Struggling Past Oil: The Infrastructure Impediments to Adopting Next-Generation Transportation Fuel Sources, 40 Cumberland Law Review 88 (2009) (invited) (symposium issue)

The North Dakota Publicly Traded Corporations Act:  A Branding Initiative Without a (North Dakota) Brand, 84 North Dakota Law Review 1085  (2008)

Changing Resources, Changing Market: The Impact of a National Renewable Portfolio Standard on the U.S. Energy Industry, 29 Energy Law Journal 29 (2008) (peer reviewed) excerpt in Chris Wold, et al., Climate Change and the Law 699-701 (2009) SSRN article reprinted in NON-CONVENTIONAL ENERGY LAW (Amicus Books & Icfai Publications 2010)

Misguided Energy:  Why Recent Legislative, Regulatory, and Market Initiatives Are Insufficient to Improve the Failing U.S. Energy Infrastructure
44 Harvard Journal on Legislation 327 (2007) pdf

Levels of Green: Balancing State and Regional Efforts, in Wyoming and Beyond, to Reduce Greenhouse Gas Emissions 7 Wyoming Law Review 269 (2007) (symposium, by invitation) - referenced at Wyofile.com

Tax Magic: Did Billy Donovan Pull Income Out of a Hat?
116 Tax Notes 389 (2007), with Jeffrey H. Kahn, SSRN

From Self-Determination to Self-Domination:  Native Americans, Western Culture, and the Promise of Constitutional-Based Reform 39 Valparaiso Law Review 1 (2004) (lead article)

Aviall Services v. Cooper Industries: The Fifth Circuit Makes Securing CERCLA Contribution for Environmental Cleanup a Messy Proposition
76 Tulane Law Review 1749 (2002)

 

Books and Book Chapters

Chapter 4: Renewables Mandates and Goals, THE LAW OF CLEAN ENERGY (pp. 77-93), edited by Michael B. Gerrard, Director, Center for Climate Change Law, Columbia Law School. Chicago, IL: American Bar Association (2011).

Energy Subsidies, Berkshire Encyclopedia of Sustainability, vol. 3: The Law and Politics of Sustainability (vol. 3). Great Barrington, MA: Berkshire Publishing Group (2011).

ABA Section of Antitrust Law, State Antitrust Practice and Statutes (4th ed. 2009)
(Updated and Revised Treatise Chapter 37:  State of North Dakota)

 

Periodicals

Bailout has to have strings:  GM as deserving as Bear Stearns, however taxpayers need protection
Lansing State Journal (Sept. 7, 2008)

States Get Together on Greenhouse Gases
Legal Times (June 12, 2006) (with Mary Anne Sullivan)

 

PROFESSIONAL PRESENTATIONS, CONFERENCES & PROGRAMS

Invited / Accepted Presentations

Working Class Studies Association 2011 Conference, University of Illinois-Chicago, Chicago, IL June 25, 2011
The Work Power Tension: The Role of Labor in the Emerging Energy Economy

EBI Third Annual Biofuels Law and Regulation Conference, Energy Biosciences Institute & University of Illinois, Urbana, IL. April 22, 2011.
Psychological Hurdles to Moving Beyond Oil (invited)

Tulane Law School Summit on Environmental Law and Policy, Tulane Law School Environmental Law Society, New Orleans, LA. April 2, 2011.
Peak Oil: Problems of Adaptability, Foreseeability, and Insurability (invited)

Association for Law, Property, & Society: Second Annual Meeting. Association for Law, Property, & Society; Syracuse University College of Law & Georgetown University Law Center, Washington, D.C. March 4, 2011.
Short-Sited: The Failure of Recent Federal Siting Laws in the Energy Industry

EBA Brown Bag Meeting & Teleconference, Energy Bar Association, Washington, D.C.. March 3, 2011.
EBA, The Next Generation: Increasing the Rate of Return on Legal Education

UND Osher Life-Long Learning Institute, Grand Forks, ND. February 2, 2011.
The Law and Policy of Energy Evolution (invited)

Looking Beyond the Deepwater Horizon: The Future of Offshore Drilling, William and Mary Environmental Law and Policy Review, Williamsburg, VA. January 27, 2011.
Planning for the Future (or Not): Rethinking Emergency Response Accountability for Offshore Drilling Disasters (invited)

AALS Annual Meeting, Association of American Law Schools, San Francisco, CA. January 7, 2011.
Our Murky Reflection in Deepwater Horizon: What Do We Really Want from Government In Oil Exploration and Extraction?

Mid-Year Meeting 2010, Energy Bar Association, Washington, D.C., moderator of panel, Technology and the Ethical Attorney , featuring Justice Dan Crothers and David I. Bloom. December 9, 2010

CSLSA Annual Meeting, Central States Law Schools Association, Grand Forks, ND. September 25, 2010
When Prayer Trumps Politics

Rocky Mountain Mineral Law Foundation Annual Institute Banff, Alberta (Canada) Rocky Mountain Mineral Law Foundation, Water Section, July 22, 2010
Clean Energy from Dirty Water: The Geothermal Win-Win (invited speaker)

Jack Rabbit Bar Association Annual Meeting Fargo, ND State Bar Association of North Dakota June 4, 2010
Moving Beyond Oil: The Process, the Reasons, and the Renewable Energy (invited speaker)
Beyond Copenhagen Conference

Orange, CA Chapman University’s Schmid College of Science & School of Law April 23, 2010
Reframing the Climate Change Debate (invited speaker)
Environmental Justice Forum Grand Forks, ND Audubon Dakota &

University of North Dakota, Multicultural Student Services April 20, 2010
Doing Justice to North Dakota's Clean Energy Potential (invited speaker)
North Dakota Law Review Energy Law Symposium

Grand Forks, ND North Dakota Law Review & University of North Dakota School of Law April 9, 2010
Geothermal Energy in North Dakota (invited symposium speaker)
Federalist Society Cap-and-Trade Panel Grand Forks, ND

University of North Dakota School of Law Federalist Society April 6, 2010
Balancing Power: Rethinking Renewable Energy Standards (invited speaker)
Diversify Your Portfolio: Regulating Energy

Sources with Renewable Energy Portfolio Standards Williamsburg, VA William and Mary Environmental Law and Policy Review January 29, 2010
Balancing Power: Rethinking Renewable Energy Standards (invited speaker)

Frances Lewis Law Center: Spring 2010 Faculty Workshop Series Washington and Lee School of Law January 28, 2010
Driving Technology: Issues and Challenges in Changing Transportation Fuel Sources

Corporate Governance and Shareholder Rights in a Time of Financial Crisis:  How the North Dakota Publicly Traded Corporations Act Changes the Landscape , Bismarck, ND
North Dakota Law Review & University of North Dakota School of Law      06/2009
The North Dakota Publicly Traded Corporations Act:  A Branding Initiative Without a (North Dakota) Brand (symposium speaker) 

Greening the Grid:  Building a Legal Framework for Carbon Neutrality , Portland, OR
Oregon Law Institute, Lewis & Clark Law School, and Environmental Law      04/2009  
Going, Going, Green or Going, Going, Gone?: The Need for a Comprehensive U.S. Energy Policy to Achieve a Greener Planet and How to Get One (symposium speaker) 

Transportation Energy Policy in National and Global Perspective: A New Beginning?, Birmingham, AL
Cumberland School of Law, Samford University      02/2009  
Struggling Past Oil:  The Infrastructure Impediments to Adopting Next-Generation Transportation Fuel Sources (symposium speaker)

JFK:  History, Memory, and Legacy: An Interdisciplinary Conference and Community Event, Grand Forks, ND
University of North Dakota       09/2008  
Atomic Power, Fossil Fuels, and the Environment: Reconciling the Energy Policies of the Kennedy Years (abstract accepted, panel speaker:  Domestic Economic and Energy Policy) 

CSLSA Annual Conference, Southern Illinois University, Carbondale, IL
Central States Law Schools Association        10/2008  
Ending America’s Addiction to Oil:  Learning Lessons from the Law’s Role in Prior Fuel Sources Changes (abstract accepted for presentation) 

Energy Bar Association Mid Year Meeting, Washington, DC
Energy Bar Association      11/2007
Overview speaker and panel moderator: The Pros and Cons of a National Renewable Portfolio Standard

Wyoming Energy Development:  A Community and Regulatory Assessment, Laramie, WY
Wyoming Law Review, University of Wyoming School of Law      02/2007
Invited Presenter:  Levels of Green:  State and Regional Efforts, in Wyoming and Beyond, to Reduce Greenhouse Gas Emissions .  Symposium participants included:  U.S. Senator Mike Enzi, late U.S. Senator Craig Thomas, and Rob Hurless, Energy Advisor to Wyoming Governor Dave Freudenthal

 

BLOGS

Agricultural Law, A Member of the Jurisdynamics Network
The official Blog of the AALS Section on Agricultural Law

Business Law Prof Blog

 

EDUCATION AND QUALIFICATIONS

Tulane Law School, J.D., magna cum laude, 2003               

New Orleans, LA
Editor in Chief, Tulane Law Review, Volume 77
Order of the Coif
Certificate in International Commercial Arbitration
Aegean Institute of the Law of the Sea and Maritime Law, Summer Abroad – 2001 (Greece)

Michigan State University, - B.A./Social Science, 1995           

Dean’s List (Spring 1995)

Admitted to Practice:  New York and District of Columbia

 

PROFESSIONAL ASSOCIATION MEMBERSHIP & SERVICE

American Bar Association

Member, Section of Environment, Energy, and Resources  (2005–present)
Section Leadership:  Vice Chair, Constitutional Law Committee (2006–present)
Vice Chair, Restructuring of the Electric Industry Committee (2008–present)
* Member, Section of Legal Education and Admissions to the Bar  (2007–present)
* Member, Young Lawyers Division (2004–present)

Energy Bar Association

Member, Professional Development Committee (vice chair, 2007-2008, co-chair, 2008–present)
Member, Climate Change and Emissions (2008-2010)
Member, Alternative Dispute Resolution Committee (2008-present)
Member, Legislation Committee (2007–2008, 2011-present)
Member, Renewable Energy Committee (2007–2008, 2011-present)
Member, Electricity Regulation Committee (2007–2008)
Member, Environmental Protection and Regulation Committee (2006–2007)
Member, Judicial Review Committee (2006–2007)

Rocky Mountain Mineral Law Foundation

Trustee, representing the University of North Dakota School of Law (2007 – present)

PROFESSIONAL EXPERIENCE

Hogan & Hartson, LLP
Washington, DC, October 2004 - July 2006
Associate; Attorney, Government Regulation

Davis Polk & Wardwell
New York, NY, October 2003 - October 2004
Associate; Attorney, Corporate/Litigation (Summer Associate - 2002)

Breazeale Sachse & Wilson, LLP
New Orleans, LA, July 2001 - August 2001
Summer Associate, Litigation

Douglas, Cohn & Wolfe
Los Angeles, CA, April 2000 - July 2000
Public Relations Account Supervisor

Golin / Harris International
Los Angeles, CA, October 1998 - April 2000
Public Relations Account Supervisor 

Interactive Digital Software Association
(predecessor to the Entertainment Software Association)
Washington, DC, July 1995 - October 1998
Membership and Research Manager