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Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice*

I. INTRODUCTION

Utah's new school voucher law has meant many things to many people. For the thirty-seven percent of our Hispanic and African-American public-school1 students who do not graduate with a high-school diploma, Utah's voucher law represented a sense of hope and opportunity.2 For opponents of educational choice, the voucher law is un-American and a threat to democratic values.

This Article argues that opposition to vouchers is rooted in a disturbing paternalism.3 This sentiment is emphasized more than any other in opposition to the law-many anti-voucher arguments seem to gravitate to an idealized view of the common good-and, not coincidently, it has been a central historical theme ...

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