标题：Preparing to Open Up Shop: How the Supreme Court Set the Stage to Prohibit Public-Sector Agency-Shop Provisions in Harris v. Quinn, 134 S. Ct. 2618 (2014)
摘要：I. Introduction II. Background ... A. A Brief History of Organized Labor in the United States ... 1. Unions Revolutionize American Labor ... 2. The Shifting (and Dwindling) Union Landscape ... 3. Unions under Attack ... B. Unions’ Drive to Survive and Judicial Treatment of Union Security Arrangements ... 1. Setting Up Shop ... 2. Hanson and Street Set the Scene ... 3. Abood Draws the Line III. Harris v. Quinn ... A. Facts and Posture of Harris v. Quinn ... B. The Majority Opinion ... C. The Dissent IV. Analysis ... A. Abood’s Line Has Been Exposed as Incorrect, Imaginary, and Unworkable ... 1. Precedential Mistakes ... 2. Lessons Learned the Hard Way ... 3. Practical Difficulties ... B. Applying Exacting First Amendment Scrutiny to Fair-Share Provisions ... 1. The Lack of Compelling Governmental Interests ... 2. A More Narrowly Tailored Approach ... C. What Harris Means for the Future V. Conclusion
