Now showing items 1-10 of 48
This, I believe: A new look at corporate purpose, director primacy and the business judgment rule
Joshua P. Fershée, This, I Believe: A New Look at Corporate Purpose, Director Primacy and the Business Judgment Rule, 21 Transactions: Tenn. J. Bus. L. 301 (2020).
This short essay provides some explanation and context built around a simple statement regarding corporate (or entity) purpose and how to balance the shareholder wealth maximization norm with broad director discretion. ...
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.
Overt disclosure requirement for eliminating the duty of loyalty
Joshua Fershée, An Overt Disclosure Requirement for Eliminating the Duty of Loyalty, 20 Transactions: Tenn. J. Bus. L. 979 (2019).
This essay focuses on the concept of eliminating the fiduciary duty in an LLC, as permitted by Delaware law, and what that could mean for future parties. When parties A and B get together to create an LLC, it is okay if ...
Oil & Gas Survey: West Virginia
Joshua P. Fershée, Oil & Gas Survey: West Virginia, 6 TEX. A&M J. PROP. L. 210 (2020).
This Article summarizes and discusses important recent developments in West Virginia's oil and gas law as determined by recent West Virginia Supreme Court of Appeals cases. There were no substantial legislative changes in ...
On corporate purpose, director primacy, and the business judgment rule
Joshua Fershée, On Corporate Purpose, Director Primacy, and the Business Judgment Rule, THE CLS BLUE LION SKY BLOG (Dec. 4, 2020), https://clsbluesky.law.columbia.edu/2020/12/04/on-corporate-purpose-director-primacy-and-the-business-judgment-rule.
Energy law: A context and practice casebook
Joshua P. Fershee, ENERGY LAW: A CONTEXT AND PRACTICE CASEBOOK (2d ed. 2021).
Business Law Prof Blog
Joshua P. Fershee, Business Law Prof Blog, https://lawprofessors.typepad.com/business_law/ (2010-present) (co-editor).
When prayer trumps politics: The politics and demographics of renewable portfolio standards
Joshua P. Fershee, When Prayer Trumps Politics: The Politics and Demographics of Renewable Portfolio Standards, 35 Wm. & Mary Envtl. L. & Pol’y Rev. 53 (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 ...
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 ...
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 ...