Now showing items 1-20 of 48

    • Atomic power, fossil fuels, and the environment: Lessons learned and the lasting impact of the Kennedy energy policies 

      Joshua P. Fershee, Atomic Power, Fossil Fuels, and the Environment: Lessons Learned and the Lasting Impact of the Kennedy Energy Policies, 39 Tex. Envtl. L.J. 131 (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 ...
    • Aviall Services v. Cooper Industries: The Fifth Circuit makes securing CERCLA contribution for environmental cleanup a messy proposition 

      Joshua P. Fershee, Case Note, Aviall Services v. Cooper Industries: The Fifth Circuit Makes Securing CERCLA Contribution for Environmental Cleanup a Messy Proposition, 76 Tul. L. Rev. 1749 (2002).
      Following a multimillion dollar cleanup of industrial facilities that were contaminated with hazardous materials, Aviall Services, Inc. (Aviall) filed a Comprehensive Environmental Response, Compensation and Liability Act ...
    • Bailout has to have strings: GM as deserving as Bear Stearns, however taxpayers need protection 

      Joshua Fershee, Op-Ed, Bailout Has to Have Strings: GM as Deserving as Bear Stearns, However Taxpayers Need Protection, Lansing St. J., Sept. 7, 2008, at 11A.
    • Benefits and burdens of limited liability 

      Joshua P. Fershée, The Benefits and Burdens of Limited Liability, 22 TRANSACTIONS: TENN. J. BUS. L. 313 (2021).
      Law students in business associations and people starting businesses often think the only choice for forming a business entity is a limited liability entity like a corporation or a limited liability company (LLC). Although ...
    • Business Law Prof Blog 

      Joshua P. Fershee, Business Law Prof Blog, https://lawprofessors.typepad.com/business_law/ (2010-present) (co-editor).
    • Chance to lead in economically and environmentally sustainable hydraulic fracturing 

      Joshua P. Fershee, North Dakota Expertise: A Chance to Lead in Economically and Environmentally Sustainable Hydraulic Fracturing, 87 N.D. L. Rev. 485 (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, ...
    • Changing resources, changing markets: The impact of a national renewable portfolio standard on the U.S. energy industry 

      Joshua P. Fershee, Changing Resources, Changing Markets: The Impact of a National Renewable Portfolio Standard on the U.S. Energy Industry, 29 Energy L.J. 49 (2008), excerpt reprinted in Chris Wold, David Hunter & Melissa Powers, Climate Change and the Law 699 (2009).
      The U.S. Congress recently passed a new energy bill that, until the last minute, included provisions that would have established a national renewable portfolio standard (RPS). The RPS would have required electric utilities ...
    • Choosing a better path: The misguided appeal of increased criminal liability after deepwater horizion 

      Joshua Fershee, Choosing a Better Path: The Misguided Appeal of Increased Criminal Liability After Deepwater Horizon, 36 Wm. & Mary Envtl. L. & Pol’y Rev. 1 (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 ...
    • Decade of Marcellus Shale: Impacts to people, policy, and culture from 2008 to 2018 in the greater mid-Atlantic Region of the United States 

      Jeffrey B. Jacquet, Anne N. Junod, Dylan Bugden, Grace Wildermuth, Joshua T. Fergen, Kirk Jalbert, Brian Rahm, Paige Hagley, Kathryn J. Brasier, Kai Schafft, Leland Glenna, Timothy Kelsey, Joshua Fershee, David L. Kay, Richard C. Stedman & James Ladleec, A Decade of Marcellus Shale: Impacts to People, Policy, and Culture from 2008 to 2018 in the Greater Mid-Atlantic Region of the United States, 5 Extractive Industries and Soc'y 596 (2018).
      It’s been just over a decade since Unconventional Oil and Gas development began in earnest in the Marcellus Shale, a dense shale formation that, along with the deeper and larger Utica Shale, covers much of the mid-Atlantic ...
    • Decarbonizing light duty vehicles 

      Amy L. Stein & Joshua Fershee, Decarbonizing Light Duty Vehicles, 48 Envtl. L. Rep. 10596 (2018).
      To reduce the United States’ greenhouse gas emissions by at least 80% from 1990 levels by 2050 will require multiple legal pathways for changing its transportation fuel sources. The Deep Decarbonization Pathways Project ...
    • End of responsible growth and governance?: The risks posed by social enterprise enabling statutes and the demise of director primacy 

      Joshua P. Fershee, The End of Responsible Growth and Governance?: The Risks Posed by Social Enterprise Enabling Statutes and the Demise of Director Primacy, 19 Transactions: Tenn. J. Bus. L. 361 (2018).
      Social benefit entities, such as benefit corporations and low-profit limited liability companies (or L3Cs) were designed to support and encourage socially responsible business. Unfortunately, instead of helping, the emergence ...
    • Energy law: A context and practice casebook 

      Joshua P. Fershee, Energy Law: A Context and Practice Casebook (2014).
    • Energy law: A context and practice casebook 

      Joshua P. Fershee, ENERGY LAW: A CONTEXT AND PRACTICE CASEBOOK (2d ed. 2021).
    • Energy subsidies 

      Joshua P. Fershee, Energy Subsidies, in 3 Berkshire Encyclopedia of Sustainability: The Law and Politics of Sustainability 158 (Klaus Bosselmann, Daniel S. Fogel & J.B. Ruhl eds. 2011).
    • Environmental & Energy Law & Policy Journal 

      Joshua P. Fershee, Promoting an All of the Above Approach or Pushing (Oil) Addiction and Abuse?: The Curious Role of Energy Subsidies and Mandates in U.S. Energy Policy, 7 Envtl. & Energy L. & Pol’y J. 125 (2012).
      President Bush declared America “addicted to oil” in his fifth State of the Union address, uttering what is now a common refrain used to urge the development of alternative fuel sources. Before progress can be made to ...
    • Facts, fiction, and perception in hydraulic fracturing: Illuminating Act 13 and Robinson Township v. Commonwealth of Pennsylvania, 

      Joshua P. Fershee, Facts, fiction, and perception in hydraulic fracturing: Illuminating Act 13 and Robinson Township v. Commonwealth of Pennsylvania, 116 W. Va. L. Rev. 819 (2014).
      Hydraulic fracturing for oil and natural gas is perhaps the most polarizing energy issue in the United States and around the world, and Pennsylvania has emerged as an example of passionate views both for and against hydraulic ...
    • From self-determination to self-domination: Native Americans, Western culture, and the promise of constitutional based-reform 

      Joshua Fershee, From Self-Determination to Self-Domination: Native Americans, Western Culture, and the Promise of Constitutional-Based Reform, 39 Val. U. L. Rev. 1 (2004).
      This Article draws upon several sources in considering possible solutions to some of the key legal and cultural issues facing Native Americans. The Article provides a brief legal and cultural background of Native Americans, ...
    • Geothermal bonus: Sustainable energy as a by-product of drilling for oil 

      Joshua P. Fershee, The Geothermal Bonus: Sustainable Energy as a By-Product of Drilling for Oil, 85 N.D. L. Rev. 893 (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 ...
    • Horizontal drilling, vertical problems: Property law challenges from the Marcellus Shale boom 

      Joshua P. Fershee & S. Alex Shay, Horizontal Drilling, Vertical Problems: Property Law Challenges from the Marcellus Shale Boom, 49 J. Marshall L. Rev. 413 (2015).
      This article focuses on key property challenges appearing as part of the West Virginia Marcellus Shale play. The paper opens with an introduction to the Marcellus Shale region that is the focus of our analysis. The paper ...
    • How local is local?: A response to Professor David B. Spence's The political economy of local vetoes 

      Joshua P. Fershee, How Local Is Local?: A Response to Professor David B. Spence’s The Political Economy of Local Vetoes, 93 Tex. L. Rev. See Also 61 (2015).
      Professor Fershee responds to Professor David B. Spence’s article about local hydraulic fracturing bans: The Political Economy of Local Vetoes, 93 Texas L. Rev. 351 (2015). Professor Spence notes that the shale oil and gas ...