Some New SSRN Articles: Doug Berman at Sentencing Law and Policy has this post with links to two new articles on SSRN. The first article, Prosecutorial Shaming by Adam M. Gershowitz, examines "instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed the misconduct." It then argues that "[t]he naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct." The second article, Guidelines Simplification: Still an Urgent Priority Post-Booker is by Michael M. O'Hear. The article advocates the simplification of Federal Sentencing Guidelines, to "provide fairer sentences, better accommodate new procedural safeguards, and insulate the Guidelines from counterproductive tinkering by the political branches."

If You Are In Washington, D.C. in the Next Three Weeks: Ben Winograd has provided a post listing the Upcoming Supreme Court Preview Panels that will be taking place in Washington D.C. before the start of the Supreme Court term. The National Chamber Litigation Center will have former U.S. Solicitor Generals Paul Clement and Seth Waxman on Tuesday, Sept. 23rd. The following day, Orin Kerr will be on a panel at the American Constitution Society. Next Tuesday, Sept. 17, Tom Goldstein will be on a panel at the Cato Institute.

Does 18 U.S.C. 242 Permit the Death Penalty for Rape? Yesterday, Sex Crimes had a post linking to Orin Kerr's response to this question over at the Volokh Conspiracy. Kerr initially but tentatively answered, that yes, 18 U.S.C. § 242 does permit the death penalty for rape. As you can see, both posts quote our very own Kent Scheidegger. Kent correctly pointed out 18 U.S.C. § 3591(a)(2), a statute which makes death of the victim is a prerequisite to the death penalty in all but a very limited set of cases. (Treason and espionage come under paragraph (1).)