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Joshua Fershee

Joshua Fershee

Associate Dean for Faculty Research and Development
Professor of Law


  • B.A., Michigan State University
  • J.D., Tulane Law School


Professor Joshua Fershee joined the faculty at West Virginia University College of Law in fall 2012. A globally recognized expert in the areas of energy law and policy and business law and entity governance, Professor Fershee has presented his research in Spain, Poland, and the United Kingdom, and he has taught about energy and cyber security in Geneva, Switzerland. Professor Fershee has also presented his work discussing the economic, environmental, and social opportunities and challenges related to shale oil and gas development to numerous U.S. audiences and to delegations from multiple countries, including Lithuania, Brazil, South Africa, Mongolia, Ukraine, Colombia, and Indonesia.

His work 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. He is the author of two casebooks, Energy Law, A Context and Practice Casebook (Carolina Academic Press) and Unincorporated Business Entities (5th ed.) (LexisNexus) and has a book chapter forthcoming in Oxford University Press. He is also a co-editor of the Business Law Prof Blog.

Professor Fershee began his legal career in New York City, where his practice focused on business law issues, and then moved to Washington, D.C., where his focus was primarily on energy law matters. 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.

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 WVU, Professor Fershee served as Associate Professor of Law and Associate Dean for Academic Affairs & Research at the University of North Dakota School of Law. Prior to that, he served as a visiting assistant professor of law at Penn State University’s Dickinson School of Law in State College, PA.

Academic Experience

West Virginia University College of Law
Center for Energy and Sustainable Development

  • Associate Dean for Faculty Research and Development 06/2015 – present
  • Professor of Law (with tenure) 07/2014 – present
  • Director, LL.M.: Energy & Sustainable Development Law 12/2013 – present
  • Associate Professor of Law 07/2012 – 07/2014

University of North Dakota School of Law

  • Associate Dean for Academic Affairs & Research, July 2011 – June 2012
  • Associate Professor of Law, August 2010 -June 2011
  • 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)

Select Publications

  • The Oil and Gas Evolution: Learning from the Hydraulic Fracturing Experiences in North Dakota and West Virginia,Texas Wesleyan Law Review (2012)
  • LLCs and Corporations: A Fork in the Road in Delaware?, 1 Harvard Business Law Review Online 82 (2011),
  • Changing Resources, Changing Market: The Impact of a National Renewable Portfolio Standard on the U.S. Energy Industry, 29 Energy Law Journal 49 (2008) (peer reviewed), excerpt reprinted in Chris Wold, et al., Climate Change and the Law 699-701 (2009)
  • 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)

In the News:

How a scandal-plagued company gave birth to Kinder Morgan - National Observer (Canada) - 11/14/16

Professor says judge's opinion on implied pooling rights marks departure from state oil and gas law - WV Record - 8/11/16

Problems of Marcellus Drilling (w/ Prof. Patrick McGinley) - The Law Works - 9/25/2014

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