Faculty Publications
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Low mountains or high tea: Misadventures in Britain's national parks
(. Lincoln, NE, 2019)When Steve Sieberson and his wife unexpectedly found themselves in Britain with an entire summer on their hands, they readily agreed to avoid the usual tourist attractions, opting instead for a road trip to the UK’s far-flung ... -
Evidence-based medicine in expert testimony
(2019)This paper discusses how the paradigm shift of evidence-based-medicine and the tools developed in that genre provide an important basis at every stage of any expert's "health related" testimony under the Daubert standard ... -
Joshua Fershee on the end of director primacy
(2019)In this episode of Ipse Dixit, Joshua Fershee discusses his article "The End of Responsible Growth and Governance?: The Risks Posed by Social Enterprise Enabling Statutes and the Demise of Director Primacy," which was ... -
Introduction to corporate compliance and ethics programs
(. New York, NY, 2019) -
Of docks and shackles: A comparative examination of courtroom control and the rights of the accused
(2019)This Article will focus on two approaches to restraining unruly defendants in criminal courtrooms: shackles, which are used primarily in the United States; and the dock, which is used in many European countries, including ... -
Contemplating homeownership tax subsidies and structural racism
(2019)An insidious form of racism is facilitated by those who are heedless of structural inequities — or in this instance, the fact that legal structures have been developed to protect the experiences of those who are white, ... -
Business Law Prof Blog
(2010) -
Misguided energy: Why recent legislative, regulatory, and market initiatives are insufficient ot improve the U.S. energy infrastructure
(2007)This Article reviews recent legislative and regulatory activity seeking to increase energy infrastructure and analyzes the ability of each action to achieve this goal efficiently and effectively. -
Family Law Quarterly
(2018) -
When prayer trump politics: The politics and demographics of renewable portfolio standards
(2010)This Article seeks to understand who supports renewable energy mandates (and why) by analyzing a variety trends found in political and socio-economic data by state, as well as by state renewable energy opportunities (or ... -
Rising tide of climate change: What America's flood cities can teach us about green energy policy, and why we should be worried
(2009)To provide a model for assessing the current and likely responses to climate change risks, this Article considers two of the worst flood disasters in American history and applies the same rationale to critical climate ... -
Choosing a better path: The misguided appeal of increased criminal liability after deepwater horizion
(2011)Despite the potential appeal of dramatically increased liability and sentences in the wake of environmental disasters like the Deepwater Horizon oil blowout in the Gulf of Mexico, this Article argues that more aggressive ... -
Chance to lead in economically and environmentally sustainable hydraulic fracturing
(2011)North Dakota is uniquely, and largely favorably, situated to benefit from hydraulic fracturing, and has already reaped many such benefits. During the recent economic crisis, North Dakota’s housing market has been stable, ... -
Atomic power, fossil fuels, and the environment: Lessons learned and the lasting impact of the Kennedy energy policies
(2009)Because of his short term of office, President Kennedy’s energy policies have not been critiqued, reviewed, or analyzed in the same manner, or to the same degree, as other administrations. This Essay fills part of that ... -
Moving power forward: Creating a forward-looking energy policy based on a national RPS
(2010)In Power Forward: The Argument for a National RPS, Professor Lincoln L. Davies provides a comprehensive and compelling argument for a national renewable portfolio standard (“RPS”). This Commentary Article reviews Professor ... -
Oil and gas evolution: Learning from the hydraulic fracturing experiences in North Dakota and West Virginia
(2012)This Article discusses major differences and similarities in U.S. oil and gas extraction via hydraulic fracturing through a comparison of the experiences in North Dakota and West Virginia. Although there are other parts ... -
Geothermal bonus: Sustainable energy as a by-product of drilling for oil
(2009)Generating geothermal energy from co-produced fluids as a by-product of oil production is an ideal addition to North Dakota’s (and the nation’s) renewable energy industry. These geothermal projects are pragmatic and ... -
LLCs and corporations: A fork in the road in Delaware?
(2011)As Vice Chancellor Laster explained in CML V, LLC v. Bax, 6 A.3d 238 (Del. Ch. Nov. 3, 2010): '[T]here is nothing absurd about different legal principles applying to corporations and LLCs.' This short paper argues that ... -
Struggling past oil: The infrastructure impediments to adopting next-generation transportation fuel sources
(2009)Since at least the 1970s, Americans have known that reliance on gasoline is a risky proposition. Low gas prices and largely effective policies designed to incentivize the sale of large cars and trucks for most of the 1990s ...
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