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Critical Legal Studies (CLS) provides a theoretical critique of the law in operation. To date, very few CLS analyses have focused upon criminal law. This phenomenon is particularly glaring given the prominence of criminal law in the American judicial system. This paper provides an overview of the CLS movement and a discussion of the value of deconstructing criminal law cases. Four legal formalisms are then used to critique the McCleskey v. Kemp1 decision. A fifth formalism, the "sociology of race relations," is offered and applied to critique McCleskey.

A Critical View from the inside: An Application of Critical Legal Studies to Criminal Law