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Denver Law Review Volume 93 Issue 3 Article 10 December 2020 Vol. 93, no. 3: Full Issue Denver Law Review Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation 93 Denv. L. Rev. (2016). This Full Issue is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. Published by the University of Denver DENVER Sturm College of Law LAW REVIEW 2016 Volume 93 Issue 3 Foreword ........................................... Tyson L. Welch i ARTICLES Effectuating Colorado's Capital Sentencing Scheme in the Aurora Theater Shooting Trial................... Judge Carlos A. Samour, Jr. 577 The "Evil" Defendant and the "Holdout" Juror: Unpacking the Myths of the Aurora Theater Shooting Case as We Ponder the Future of Capital Punish- ment in Colorado ........ Kristen Nelson, Tamara Brady, and Daniel King 595 Lies, Damn Lies, and Anti-Death Penalty Research. .................... .......................George Brauchler and Rich Orman 635 Truth, and Nothing but the Truth, About Colorado's Death Penalty.......... .........................Sam Kamin and Justin Marceau 715 COMMENTS The Claire Davis School Safety Act: Why Threat Assessments in Schools Will Not Help Colorado ........................ ...... Haley DiRenzo 719 Citizens United Round II: Campaign Finance Disclosure, the First Amendment, and Expanding Exemptions and Loopholes for Corporate Influence on Elec- tions ........................................ Nicole L. Jones 749 A Cadillac, Chevrolet, Pickup Truck, or Convertible: Endrew F. v. Douglas County School District RE-I and a Not-So-Individualized Education Under the "Some Educational Benefit" Standard....... ......... Kate Stevenson 797 Denver Law Review (ISSN 2469-6463) Spring 2016 The Denver Law Review is published quarterly by the University of Denver Sturm College of Law through the Denver Law Review Association. Denver Law Review 2255 East Evans Avenue, Suite 425 Denver, Colorado 80208 (303) 871-6172 Cite as: 93 DENV. L. REV. _ (2016). Subscriptions: Subscriptions to the Denver Law Review are $40.00 per volume (add $5.00 for mailing addresses outside the United States). All subscriptions will be renewed automatically unless the subscriber provides timely notice of cancellation. Single and Back Issues: Single issues of the current volume are available from the Association at $15.00 per issue. All previous volumes and issues of the Denver Law Review are available exclusively from William S. Hein & Co., Inc., 2350 North Forest Road, Getzville, NY 14068, (800) 828-7571, www.heinonline.org. Copyright: All articles copyright 0 2016 by their respective authors. The Uni- versity of Denver (Colorado Seminary) Sturm College of Law holds perpetual, unlimited, and nonexclusive rights to reproduce, distribute, and display all arti- cles contained in this issue. The Denver Law Review holds the exclusive right to be the first to publish these articles in a law journal. Please contact the Denver Law Review for permissions. Form: The Denver Law Review generally conforms to The Bluebook: A Uni- form System of Citation (Columbia Law Review Ass'n et al. eds., 20th ed. 2015) and to The Chicago Manual of Style (16th ed. 2010). It is the general policy of the Denver Law Review not to keep unpublished sources used in articles, notes, or comments beyond their use for verification of citations. Inquiries as to the location of an unpublished source should be directed to the author of the article, note, or comment in which it is cited. Manuscripts: Please address manuscripts to the Senior Articles Editor, Denver Law Review, 2255 East Evans Avenue, Suite 425, Denver, Colorado 80208. Manuscripts should be double-spaced and cannot be returned unless accompa- nied by a self-addressed, postage-paid envelope. Manuscripts may also be sub- mitted electronically in Word format via e-mail to [email protected]. Previous Nomenclature: Published as the Denver Bar Association Record from 1923 to 1928, Dicta from 1928 to 1965, Denver Law Journal from 1966 to 1984, and Denver University Law Review from 1985 to 2015. Postmaster: Please send all address changes to Denver Law Review, 2255 East Evans Avenue, Suite 425, Denver, Colorado 80208. Denver Law Review Online: Recent Denver Law Review articles and additional Denver Law Review content, including information on past and upcoming Den- ver Law Review symposia, may be accessed online at http://www.denverlawreview.org/. DENVER LAW REVIEW 93 9earsof Erce& nce VOLUME 93 BOARD OF EDITORS 2015-2016 Editor in Chief BRITTANY WISER ManagingEditor Executive Editor MATTHEW DEEGAN COLLEEN WORT Senior Articles Editor Articles Editor Articles Editor Articles Editor KRISTEN SEDDIQUI MIRANDA DALPIAZ AMANDA HUSTON COLTON JOHNSTON Comments Editor Tenth CircuitComments Editor PETER VOORHEIS TYSON WELCH Business Editor Candidacy Editor ALEX GUNNING LINDSEY SADLER Online Editor Symposium Editor NICHOLAS RISING KAELYN GUSTAFSON ASSISTANT MANAGING EDITORS RACHEL ADCOCK SARAH CASSINIS HANNAH CHRISTIAN KAYLA MARTIN AMY ROBERTS DYLAN UNGER KEVIN WEBSTER SENIOR STAFF EDITORS CALDWELL CUNNINGHAM JOSHUA EIHAUSEN TESSA GARDNER ELLEN GIARRATANA ALLISON HART KEVIN JENSEN JASON KOSLOSKI ANDREA LAFRANCE SAMUEL L. LITTLE TRAYTON OAKES STEPHEN PRAGER JESSICA REHMS CAROLINE RIXEY LUCAS SATTERLEE LEVI STUBBS SAMMANTHA TILLOTSON ALEXANDER URBAN PAUL WARREN STEPHEN WOOLSEY ELIE ZWIEBEL STAFF EDITORS CHRIS AINSCOUGH SAMANTHA ALBANESE MATTHEW BENDER ANDREW BRANDES LAUREN DAVISON SANNA DEERROSE HALEY DIRENZO KYLE ENGLAND JONATHAN FORTUNE KELSEY HALL NICOLE JONES NATALIE KLEE MOLLY KOKESH JAMES KORTE AMY MAPES CARTER MCDONNELL PHILIP NICKERSON ERIN PENROD KATHERINE SANFORD KELLEY SHEEK MEGAN SLAVIK KATIE STEEFEL J. JOHN STEELE KATE STEVENSON JACK STOKAN DAVID STONE HILLARY SULLIVAN PATRICK SWEET KATHARIN UNKE MICHAEL WRIGHT EVELYN ZHAO ADVISORS AND SUPPORT STAFF PROF. FRED CHEEVER DEAN MARTIN J. KATZ PROF. NANCY LEONG PROF. JUSTIN MARCEAU PROF. MICHAEL G. MASSEY PROF. VIVA MOFFAT JESSICA NEUMANN PROF. ELI WALD UNIVERSITY OF DENVER STURM COLLEGE OF LAW ADMINISTRATIVE OFFICERS Rebecca Chopp, B.A., M.Div., Ph.D., Chancellor Gregg Kvistad, B.A., M.A., Ph.D., Provost and Executive Vice Chancellor Armin Afsahi, B.A., M.B.A., Vice Chancellorfor Advancement Eric Bono, B.A., J.D., Assistant Deanfor CareerOpportunities Peg Bradley-Doppes, B.A., M.A., Vice Chancellorfor Athletics and Recreation Kevin Carroll, B.S., M.B.A., Vice ChancellorofMarketing & Communications Paul H. Chan, B.A., J.D., Vice Chancellorfor Legal Affairs lain Davis, M.S., Assistant Dean of Student FinancialManagement and Admissions Laura E. Dean, B.A., M.PS, Assistant Dean ofAlumni Relations Clinton R. Emmerich, B.S., M.B.A., Assistant Dean ofFinance and Administration David Greenberg, B.S., J.D., Vice ChancellorofInstitutional Partnerships Meghan S. Howes, B.A., B.F.A., Assistant Dean of Communications Martin Katz, B.A., J.D., Dean of the Sturm College ofLaw and ProfessorofLaw Ricki Kelly, B.S., J.D., Assistant Dean ofDevelopment Amy King, B.S., M.P.S., Vice Chancellor ofHuman Resources Viva Moffat, B.A., M.A., J.D., Associate Dean of Academic Affairs and Professor ofLaw Liliana Rodriguez, B.A., M.S., Ph.D., Vice Chancellorof Campus Life and Inclusive Excellence Joyce S. Sterling, B.A., M.A., Ph.D, Associate Dean ofFaculty Development and Professor ofLaw Catherine E. Smith, B.A., M.A., J.D., Associate Deanfor InstitutionalDiversity and Inclusiveness and ProfessorofLaw Barbara J. Wilcots, B.A., M.A., M.A., Ph.D, Associate Provostfor GraduateStudies John R. Wilson, B.S., J.D., DirectorGraduate Tax Programand Lecturer Thomas Willoughby, B.S., M.A., Vice ChancellorofEnrollment Craig Woody, B.B.A., M.Acc., Vice Chancellorfor Business & FinancialAffairs FACULTY Robert Anderson, B.A., J.D., Professorof the PracticeofLaw Rachel S. Arnow-Richman, B.A., J.D., LL.M, ProfessorofLaw and Director, Workplace Law Program Debra Austin, B.M.E., J.D., Ph.D., Associate Professor of the PracticeofLaw Rebecca Aviel, B.A., J.D., Associate ProfessorofLaw and Director, ConstitutionalRights & Remedies Program Tanya Bartholomew, B.A., J.D., Associate Professorof the Practice of Law Brad Bartlett, B.A., J.D., Visiting Assistant Professor Arthur Best, A.B., J.D., ProfessorofLaw Jerome Borison, B.S., J.D., LL.M., Associate ProfessorofLaw Stacey Bowers, B.S., J.D., MLIS, Ph.D., Assistant Professorof the Practice ofLaw J. Robert Brown, Jr., B.A., M.A., Ph.D., J.D., ProfessorofLaw and Director, Business & Commercial Law Program Teresa Bruce, B.A., J.D., Visiting Associate Professorof the Practice Phoenix Cai, B.A, J.D., Associate ProfessorofLaw and Director, Roche InternationalBusiness LLM Program John Campbell, B.A., J.D., Assistant Professorof the Practiceof Law Bernard Chao, B.S., J.D., Associate ProfessorofLaw Federico Cheever, B.A., M.A., J.D., ProfessorofLaw andDirector,Environmental and Natural Resources Program Alan K. Chen, B.A., J.D., ProfessorofLaw and Director, ConstitutionalRights & Remedies Program Roberto L. Corrada, B.A., J.D., ProfessorofLaw and Mulligan Burleson Chair in Modern Learning Courtney Cross, B.A., J.D., LL.M., Visiting Assistant Professor Patience Crowder, B.A., J.D., Assistant ProfessorofLaw Susan Daggett, Assistant Professorof the Practiceand Executive Director, Rocky Mountain Land Use Institute K.K. DuVivier, B.A., J.D., Professor ofLaw Nancy S. Ehrenreich, B.A., J.D., LL.M., ProfessorofLaw
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