Assessing the developing knowledge-base of product counterfeiting: a content analysis of four decades of research

Considering the steady and rapid growth of product counterfeiting and the damage it causes to society, it is important for criminology and criminal justice scholars to assist criminal justice officials, industry practitioners, and law makers in understanding the product counterfeiting problem and developing strategies to combat it. However, for researchers to be effective in their advisory role they must first establish what is known about product counterfeiting. As a first step in this process, we investigated relevant published research through a content analysis of 47 articles discussing product counterfeiting published in criminal justice and criminology journals through 2014. We analyzed various characteristics about the articles themselves, their authors, the journals they appeared in, and the nature and extent of their focus on product counterfeiting. We conclude this study with an evaluation of the state of product counterfeiting research and recommendations for future research.     

Severity of penalty,seriousness of the charge,and mock jurors' verdicts

It has been suggested that jurors in criminal trials are less likely to convict when the penalty is more severe or the charge is more serious. This was explained by Kerr (1975) in terms of a perceived increase in the cost of a Type I error (convicting an innocent person) that resulted in a criterion shift in the amount of evidence jurors required to vote guilty. The previous research found only weak support for the prediction regarding severity but consistent support for the predicted effect of seriousness. However, in the case materials used in these studies, more evidence was legally required to prove guilt on the more serious charges. This article presents studies in which the amount of evidence needed to prove guilt was equated for all charges. Under these circumstances, there was no effect on verdicts of seriousness of charge or severity of penalty and no evidence of a criterion shift due to either variable. There may still be reason to believe that these factors affect real juries, but this belief is not supported by the systematic evidence from mock jury studies.     

Environmental Mock Claims Analysis

Environmental risks have earned a reputation for undermining a wide range of business activities. Given the tremendous potential for unanticipated environmental losses, multitiered claims and high-priced litigation, environmental risks have prompted organizations to seek protection through a variety of risk transfer methods. The insurance community has in turn responded with the creation of a progressive menu of project-specific and entity-specific environmental insurance products that can help provide financial security to those organizations exposed to real or perceived environmental risks. What are these products and how do they work? The following mock claim analysis (MCA) highlights some of the risk issues and the insurance solutions.     

The Shadows of the Law: Contemporary Approaches to Regulation and the Problem of Regulatory Conflict

Regulatory analyses often assume that compliance is desirable, with literature focusing on strategies to encourage "excellence" in adherence to regulatory goals. Yet, it is not unusual for disparate regulatory goals to exist that are based on competing values of what constitutes the "good society." It is this conflict that forms the substance of this paper. In cases of competing regulatory goals, techniques that encourage exemplary compliance in one area can create incentives to breach regulatory provisions of a competing regime. In such cases, generic regulatory techniques are unable to provide a useful means for resolving regulatory conflict but do allow a political delegation of conflict resolution to the "scientific" strategies of the regulator. In turn, the regulator places responsibility on companies for resolving competing regulatory demands. Successive delegation leads to juridification as well as regulators vying to retain primacy for their regime. This problem is examined through analysis of responsibilities for subcontractor safety under Australian health and safety law and sections of the Australian Trade Practices Act 1974 aimed at protecting competition.