Will Labor Law Prompt Conservative Justices to Adopt a Radical Theory of State Action?

I. Introduction II. Private-Sector Union Security Clauses Do Not Involve “State Action” ... A. What Private-Sector Union Security Clauses Are and Are Not ... B. Basic State Action Doctrine ... C. Hanson’s Argument: Federal Preemption of State Contract Law Is State Action? ... D. “Forced Association” Creating State Action? ... E. Keller, the First Amendment, and the State Bar Comparison ... F. Unions as a Special Case and Race III. The Implications of Finding That Private-Sector Union Security Agreements Constitute State Action ... A. Incoherently Broad in Theory ... B. Unbounded and Unworkable in Practice IV. Conclusion: A Better Approach To State Action