Thom Brooks has posted Nussbaum on Shame Punishment on SSRN. Here is the abstract:
Shame punishments have become an increasingly popular alternative to traditional punishments with both the public and the legal community alike. In her Hiding from Humanity, Martha Nussbaum makes a powerful argument against the use of shame punishments primarily on the grounds that shaming offenders often amounts to their losing dignity. Yet, her concerns have been addressed by the courts in a way which might overcome her important reservations, such as with the safeguards announced in U.S. v. Gementera. As a result, she need not be opposed to the use of legitimate shame punishment within clearly specified conditions.