Scientific Misconceptions Among Daubert Gatekeepers: the Need for Reform of Expert Review Procedures
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Protecting Children from Incompetent Forensic Evaluations and Expert Testimony
\\server05\productn\M\MAT\19-2\MAT206.txt unknown Seq: 1 3-JAN-06 10:24 Vol. 19, 2005 Forensic Evaluations 277 Protecting Children From Incompetent Forensic Evaluations and Expert Testimony Mary Johanna McCurley* Kathryn J. Murphy** Jonathan W. Gould*** I. Introduction Mental health professionals are frequently appointed by courts to become involved in custody cases in the role of child custody evaluator. This role requires that the mental health pro- fessional assess the fit between a minor child’s emerging develop- mental and socioemotional needs and the parents’ comparative ability to meet those needs. Following that assessment, the mental health professional is expected to tender recommenda- tions to the court regarding the extent to which various parenting plans will further the child’s best psychological interests. A. Influence of the Evaluator The recommendations contained in child custody evalua- tions (“CCEs”) exert considerable influence on the course of ongoing custody litigation. Many courts accord significant weight to the opinions of child custody evaluators, often accepting the evaluator’s recommendations without challenge.1 An evaluator’s recommendations can also precipitate case settlement or material concessions once both parties become aware of the evaluator’s findings. Given the import of CCEs, it is imperative that these * Partner, McCurley, Orsinger, McCurley, Nelson & Downing, L.L.P., Dallas, Texas. ** Partner, Koons, Fuller, Vanden Eykel, and Robertson, P.C., Dallas, Texas. *** Forensic and Clinical Psychologist, Private Practice, St. Paul, Minnesota. 1 THE SCIENTIFIC BASIS OF CHILD CUSTODY DECISIONS (Robert Galatzer-Levy & Louis Kraus, eds., 1999); James N. Bow & Francella A. Quin- nell, A Critical Review of Child Custody Evaluation Reports, 40 FAM. -
Another Perspective on “Neurolaw”: the Use of Brain Imaging in Civil
Another perspective on “neurolaw”: the use of brain imaging in civil litigation 233 Call Another perspective on “neurolaw”: the use of brain imaging in civil litigation regarding mental competence Sonia Desmoulin-Canselier ABSTRACT: The hypothesis of a rise of “neurolaw” shall not be accepted as an obvious and universal truth without taking civil cases and civil law into consideration. This ar- ticle is intended as a contribution to the discussion, analyzing rulings on cases which mentioned MRIs and brain scans as evidence to challenge the validity of civil legal in- struments, based on a claim of mental incompetence (also called “insanité”) in France and in the USA The aim of the study is to test an hypothetical “fascination ef- fect” on judges and to evaluate the true impact in civil jurisprudence of this type of evidence. KEYWORDS: Brain imaging; mental competence; civil litigation; comparison France/USA SOMMARIO: 1. Introduction – 2. Admitting brain images as evidence – 3. Evaluating the persuasiveness of brain images – 4. Conclusion. 1. Introduction n Western countries, genetic science and techniques profoundly modified important branches of criminal and civil law, leading scholars to revise fundamental legal concepts, such “the per- I son”, “parentage”, “proof” and “identity”1. Now they face potential new disruptions arising from the neurosciences. In the past few decades, progress in neuroimaging has provided new possi- bilities for visualizing and conceptualizing the anatomy and function of the brain – i.e. the biological substrate for the human “inner self”, “will”, “identity”, “responsibility” and “dignity”. Some legal scholars, dealing with the implications of these new findings and techniques, are outlining the con- cept of “neurolaw”, forged in the United States2 and now spreading all over the world3. -
The Realities of Neurolaw: a Composition of Data & Research
University of St. Thomas Journal of Law and Public Policy Volume 9 Issue 2 Spring 2015 Article 1 January 2015 The Realities of Neurolaw: A Composition of Data & Research Zurizadai Balmakund Follow this and additional works at: https://ir.stthomas.edu/ustjlpp Part of the Health Law and Policy Commons Recommended Citation Zurizadai Balmakund, The Realities of Neurolaw: A Composition of Data & Research, 9 U. ST. THOMAS J.L. & PUB. POL'Y 189 (2015). Available at: https://ir.stthomas.edu/ustjlpp/vol9/iss2/1 This Article is brought to you for free and open access by UST Research Online and the University of St. Thomas Journal of Law and Public Policy. For more information, please contact the Editor-in-Chief at [email protected]. THE REALITIES OF NEUROLAW: A COMPOSITION OF DATA & RESEARCH ZURIZADAI BALMAKUND* "Matching neurological data to legal criteria can be much like performing a chemical analysis of a cheesecake to find out whether it was baked with love."' INTRODUCTION The purpose of the law is to protect the interests of society, and promote justice. The following paper explores how the interests of justice are challenged and strengthened by the introduction of interdisciplinary research. Today the integration of law and neuroscience is at the forefront of legal admissibility. Cognitive neuroscience has the potential to contribute a great deal to the legal profession, but the question is whether neuroscience is prepared to make those contributions right now.2 In order to answer this question, medical researchers, scholars, and legal professionals need to gauge whether neuroscience can measure criminal responsibility. -
Overcoming Daubert's Shortcomings in Criminal
\\server05\productn\N\NYU\85-6\NYU604.txt unknown Seq: 1 9-DEC-10 12:11 NOTES OVERCOMING DAUBERT’S SHORTCOMINGS IN CRIMINAL TRIALS: MAKING THE ERROR RATE THE PRIMARY FACTOR IN DAUBERT’S VALIDITY INQUIRY MUNIA JABBAR* Daubert v. Merrell Dow Pharmaceuticals, Inc. and its progeny provide the federal standard for the admissibility of all expert evidence, including forensic evidence, that is proffered in criminal trials. The standard measures the validity of expert evidence through a flexible four-factor inquiry. Unfortunately, in the criminal con- text, Daubert fails to promote the goals of trial outcome accuracy and consistency, resulting in tragically unfair outcomes for criminal defendants. This Note proposes a doctrinal tweak that shifts the costs of admitting forensic evidence to the prosecu- tion and promotes criminal justice goals. First, there should be a high presumption against the admission of forensic evidence that must be rebutted with a clear and convincing showing of its validity. Second, the Daubert validity inquiry needs to be reformulated so that the forensic methodology’s “error rate” factor is the primary (and if possible, only) factor the court considers. Third, the error rate should be defined as the lab-specific error rate. The Note ends by considering further possible ways to specify the definition of “error rate” to better promote criminal justice goals. INTRODUCTION Jeffrey Pierce was exonerated after spending fifteen years in prison for a rape he did not commit.1 Despite a plausible alibi, Pierce was convicted largely due to the hair analysis conducted by Oklahoma City police chemist Joyce Gilchrist.2 A preliminary Federal Bureau of Investigation study of eight cases involving Gilchrist found that, in five of them, she had overstepped “the acceptable limits of forensic sci- * Copyright 2010 by Munia Jabbar. -
Using Phenomenography to Study Factors Affecting the Propagation of Invalid Science
ﻣﻘﺎﻟﻪ ﭘﮋوﻫﺸﯽ ﻣﺠﻠﻪ داﻧﺸﮕﺎه ﻋﻠﻮم ﭘﺰﺷﮑﯽ رﻓﺴﻨﺠﺎن دوره 16، اﺳﻔﻨﺪ 1396، -1114 1097 ﺑﻪ ﮐﺎرﮔﯿﺮي روش ﭘﺪﯾﺪار ﻧﮕﺎري ﺑﻪ ﻣﻨﻈﻮر ﺷﻨﺎﺳﺎﯾﯽ ﻋﻮاﻣﻞ ﻣﺆﺛﺮ در اﻧﺘﺸﺎر ﻋﻠﻢ ﻧﺎﻣﻌﺘﺒﺮ ﻣﻬﺪي دادﺧﻮاه1، ﻣﺤﻤﺪ ﻟﮕﺰﯾﺎن2، زﻫﺮا ﻫﻤﺖ1 درﯾﺎﻓﺖ ﻣﻘﺎﻟﻪ: 27/6/96 ارﺳﺎل ﻣﻘﺎﻟﻪ ﺑﻪ ﻧﻮﯾﺴﻨﺪه ﺟﻬﺖ اﺻﻼح: 27/8/96 درﯾﺎﻓﺖ اﺻﻼﺣﯿﻪ از ﻧﻮﯾﺴﻨﺪه: 10/11/96 ﭘﺬﯾﺮش ﻣﻘﺎﻟﻪ: 96/11/24 ﭼﮑﯿﺪه زﻣﯿﻨﻪ و ﻫﺪف: ﻫﺪف اﯾﻦ ﭘﮋوﻫﺶ ﺷﻨﺎﺳﺎﯾﯽ ﻋﻮاﻣﻠﯽ اﺳﺖ ﮐﻪ ﺑﺎﻋﺚ اﻧﺘﺸﺎر ﯾﺎﻓﺘﻪﻫﺎي ﻋﻠﻤﯽ ﻧﺎﻣﻌﺘﺒﺮ ﻣﯽﺷﻮﻧﺪ. آﮔﺎﻫﯽ از ﻋﻮاﻣﻞ ﻣﺆﺛﺮ در اﻧﺘﺸﺎر ﯾﺎﻓﺘﻪﻫﺎي ﻋﻠﻤﯽ ﻧﺎﻣﻌﺘﺒﺮ ﺑﻪ ﻣﺤﻘﻘﺎن اﯾﻦ ﻓﺮﺻﺖ را ﻣﯽدﻫﺪ ﺗﺎ ﺑﺎ ﺑﯿﻨﺸﯽ وﺳﯿﻊﺗﺮ و ﺑﻪ ﺻﻮرت آﮔﺎﻫﺎﻧﻪ اﻗﺪام ﺑﻪ اﻧﺘﺨﺎب ﻣﻨﺎﺑﻊ ﭘﮋوﻫﺶ ﺧﻮد ﻧﻤﺎﯾﻨﺪ و ﺑﺪﯾﻦ ﺻﻮرت از اﻧﺘﺸﺎر ﯾﺎﻓﺘﻪﻫﺎي ﻋﻠﻤﯽ ﻧﺎﻣﻌﺘﺒﺮ ﺑﻪ وﺳﯿﻠﮥ ﺧﻮدداري از اﺳﺘﻔﺎده آنﻫﺎ ﺑﻪ ﻋﻨﻮان ﭘﺎﯾﮥ ﭘﮋوﻫﺶ ﺧﻮد ﺟﻠﻮﮔﯿﺮي ﺑﻪ ﻋﻤﻞ آورﻧﺪ. ﻣﻮاد و روش: در اﯾﻦ ﻣﻘﺎﻟﻪ ﺑﺎ اﺳﺘﻔﺎده از روﯾﮑﺮد ﮐﯿﻔﯽ ﭘﺪﯾﺪارﻧﮕﺎري، ﺑﻪ ﮐﺎرﮔﯿﺮي ﻧﻤﻮﻧﻪﮔﯿﺮي ﻫﺪﻓﻤﻨﺪ و اﻧﺠﺎم ﻣﺼﺎﺣﺒﻪ ﺑﺎ 12 ﻧﻔﺮ ﮐﻪ در زﻣﯿﻨﮥ اﻋﺘﺒﺎر ﯾﺎﻓﺘﻪﻫﺎي ﻋﻠﻤﯽ، ﻋﻠﻢ ﻧﺎﻣﻌﺘﺒﺮ و ﻣﺒﺎﺣﺚ ﻣﺮﺗﺒﻂ داراي داﻧﺶ و ﺗﺠﺮﺑﻪ ﺑﻮدﻧﺪ، ﻋﻮاﻣﻞ ﻣﺆﺛﺮ در اﻧﺘﺸﺎر ﻋﻠﻢ ﻧﺎﻣﻌﺘﺒﺮ ﺷﻨﺎﺳﺎﯾﯽ ﮔﺮدﯾﺪهاﻧﺪ؛ اﺑﺘﺪا ﺑﺎ اﻧﺠﺎم ﻣﺼﺎﺣﺒﻪ و ﮐﺪﮔﺬاري ﻧﻈﺮي 8 ﻃﺒﻘﻪ ﺗﻮﺻﯿﻔﯽ ﻣﺮﺗﺒﻂ ﺑﺎ ﻋﻮاﻣﻞ اﻧﺘﺸﺎر ﻋﻠﻢ ﻧﺎﻣﻌﺘﺒﺮ اﺣﺼﺎء ﺷﺪﻧﺪ و ﺳﭙﺲ ﺟﻬﺖ ﺳﻬﻮﻟﺖ در درك ﻧﺘﺎﯾﺞ ﭘﮋوﻫﺶ، ﻋﻮاﻣﻞ ﻣﺆﺛﺮ در اﻧﺘﺸﺎر ﻋﻠﻢ ﻧﺎﻣﻌﺘﺒﺮ ﺑﻪ ﺻﻮرت ﻓﺮآﯾﻨﺪي در ﻓﻀﺎي ﻧﺘﯿﺠﻪ اراﺋﻪ ﮔﺮدﯾﺪ. ﯾﺎﻓﺘﻪﻫﺎ: ﻧﺘﺎﯾﺞ اﯾﻦ ﭘﮋوﻫﺶ ﺣﺎﮐﯽ از آن اﺳﺖ ﮐﻪ ﻋﻮاﻣﻞ ﻣﺨﺘﻠﻔﯽ در اﻧﺘﺸﺎر ﯾﺎﻓﺘﻪﻫﺎي ﻋﻠﻤﯽ ﻧﺎﻣﻌﺘﺒﺮ دﺧﯿﻞ ﻫﺴﺘﻨﺪ ﮐﻪ ﺑﺎ در ﻧﻈﺮﮔﯿﺮي ﻓﺮاﯾﻨﺪ اﻧﺘﺸﺎر ﯾﮏ ﯾﺎﻓﺘﮥ ﻋﻠﻤﯽ، ﻋﻮاﻣﻞ ﻣﺆﺛﺮ در اﻧﺘﺸﺎر ﻋﻠﻢ ﻧﺎﻣﻌﺘﺒﺮ را ﻣﯽﺗﻮان در ﺳﻪ ﻣﺤﻮر اﺻﻠﯽ ﺗﻮﻟﯿﺪ، ﻓﺮآﯾﻨﺪ ارزﯾﺎﺑﯽ و اﻧﺘﺸﺎر ﻋﻠﻢ ﺟﺎي داد. -
Statistical Significance and Statistical Error in Antitrust Analysis
STATISTICAL SIGNIFICANCE AND STATISTICAL ERROR IN ANTITRUST ANALYSIS PHILLIP JOHNSON EDWARD LEAMER JEFFREY LEITZINGER* Proof of antitrust impact and estimation of damages are central elements in antitrust cases. Generally, more is needed for these purposes than simple ob- servational evidence regarding changes in price levels over time. This is be- cause changes in economic conditions unrelated to the behavior at issue also may play a role in observed outcomes. For example, prices of consumer elec- tronics have been falling for several decades because of technological pro- gress. Against that backdrop, a successful price-fixing conspiracy may not lead to observable price increases but only slow their rate of decline. There- fore, proof of impact and estimation of damages often amounts to sorting out the effects on market outcomes of illegal behavior from the effects of other market supply and demand factors. Regression analysis is a statistical technique widely employed by econo- mists to identify the role played by one factor among those that simultane- ously determine market outcomes. In this way, regression analysis is well suited to proof of impact and estimation of damages in antitrust cases. For that reason, regression models have become commonplace in antitrust litigation.1 In our experience, one aspect of regression results that often attracts spe- cific attention in that environment is the statistical significance of the esti- mates. As is discussed below, some courts, participants in antitrust litigation, and commentators maintain that stringent levels of statistical significance should be a threshold requirement for the results of regression analysis to be used as evidence regarding impact and damages. -
Statistical Proof of Discrimination: Beyond "Damned Lies"
Washington Law Review Volume 68 Number 3 7-1-1993 Statistical Proof of Discrimination: Beyond "Damned Lies" Kingsley R. Browne Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Labor and Employment Law Commons Recommended Citation Kingsley R. Browne, Statistical Proof of Discrimination: Beyond "Damned Lies", 68 Wash. L. Rev. 477 (1993). Available at: https://digitalcommons.law.uw.edu/wlr/vol68/iss3/2 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Copyright © 1993 by Washington Law Review Association STATISTICAL PROOF OF DISCRIMINATION: BEYOND "DAMNED LIES" Kingsley R. Browne* Abstract Evidence that an employer's work force contains fewer minorities or women than would be expected if selection were random with respect to race and sex has been taken as powerful-and often sufficient-evidence of systematic intentional discrimina- tion. In relying on this kind of statistical evidence, courts have made two fundamental errors. The first error is assuming that statistical analysis can reveal the probability that observed work-force disparities were produced by chance. This error leads courts to exclude chance as a cause when such a conclusion is unwarranted. The second error is assuming that, except for random deviations, the work force of a nondiscriminating employer would mirror the racial and sexual composition of the relevant labor force. This assumption has led courts inappropriately to shift the burden of proof to employers in pattern-or-practice cases once a statistical disparity is shown. -
Exploratory Versus Confirmative Testing in Clinical Trials
xperim & E en Gaus et al., Clin Exp Pharmacol 2015, 5:4 l ta a l ic P in h DOI: 10.4172/2161-1459.1000182 l a C r m f Journal of o a l c a o n l o r g u y o J ISSN: 2161-1459 Clinical and Experimental Pharmacology Research Article Open Access Interpretation of Statistical Significance - Exploratory Versus Confirmative Testing in Clinical Trials, Epidemiological Studies, Meta-Analyses and Toxicological Screening (Using Ginkgo biloba as an Example) Wilhelm Gaus, Benjamin Mayer and Rainer Muche Institute for Epidemiology and Medical Biometry, University of Ulm, Germany *Corresponding author: Wilhelm Gaus, University of Ulm, Institute for Epidemiology and Medical Biometry, Schwabstrasse 13, 89075 Ulm, Germany, Tel : +49 731 500-26891; Fax +40 731 500-26902; E-mail: [email protected] Received date: June 18 2015; Accepted date: July 23 2015; Published date: July 27 2015 Copyright: © 2015 Gaus W, et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. Abstract The terms “significant” and “p-value” are important for biomedical researchers and readers of biomedical papers including pharmacologists. No other statistical result is misinterpreted as often as p-values. In this paper the issue of exploratory versus confirmative testing is discussed in general. A significant p-value sometimes leads to a precise hypothesis (exploratory testing), sometimes it is interpret as “statistical proof” (confirmative testing). A p-value may only be interpreted as confirmative, if (1) the hypothesis and the level of significance were established a priori and (2) an adjustment for multiple testing was carried out if more than one test was performed. -
Download Preprint
Recommendations from the Reducing the Inadvertent Spread of Retracted Science: Shaping a Research and Implementation Agenda Project Jodi Schneider*, Nathan D. Woods, Randi Proescholdt, Yuanxi Fu, and the RISRS Team July 2021 *Corresponding author: [email protected] and [email protected] Table of Contents EXECUTIVE SUMMARY 3 Recommendations 4 INTRODUCTION 5 RISRS Project Goals and Assumptions 6 Framing the Problem 8 Scope of this Document 9 THE RISRS PROCESS 10 Scoping Literature Review 10 Interviews 11 Workshop, Dissemination, and Implementation 11 LITERATURE REVIEW AND CURRENT AWARENESS 11 Reasons for Retraction 11 Formats and Types of Retraction 13 Field Variation 15 Continued Citation of Retracted Papers: What Went Wrong? 20 Visibility of Retraction Status 24 Inconsistent Retraction Metadata 25 Quality of Retraction Notices 26 Literature Review Conclusions 28 DEFINING PROBLEMS AND OPPORTUNITIES 29 PROBLEMS AND OPPORTUNITIES DESCRIBED BY THE EMPIRICAL LITERATURE ON RETRACTION 29 Problem Themes Described by the Empirical Literature on Retraction 30 Opportunity Themes Described by the Empirical Literature on Retraction 32 Problem Definition Described by the Empirical Literature on Retraction 35 THEMES FROM STAKEHOLDER INTERVIEWS 36 Problem Frameworks based on Stakeholder Interviews 36 Contentious Themes based on Stakeholder Interviews 38 The Purpose of Retraction According to Stakeholder Interviews 38 Changing the Scholarly Record 39 The Harms of Retraction According to Stakeholder Interviews 39 The Character of Reform According to Stakeholder Interviews 40 SYNTHESIZING THE PROBLEMS AND OPPORTUNITIES 41 Aligning Opportunity Pathways 41 Defining the Scale and Scope of the Problem 42 RECOMMENDATIONS 43 1. Develop a Systematic Cross-industry Approach to Ensure the Public Availability of Consistent, Standardized, Interoperable, and Timely Information about Retractions. -
ROUNDUP PRODUCTS LIABILITY LITIGATION This Document Relates
Case 3:16-md-02741-VC Document 1596 Filed 07/10/18 Page 1 of 68 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE: ROUNDUP PRODUCTS MDL No. 2741 LIABILITY LITIGATION Case No. 16-md-02741-VC PRETRIAL ORDER NO. 45: SUMMARY JUDGMENT AND DAUBERT MOTIONS This document relates to: Re: Dkt. Nos. 545, 647 ALL ACTIONS The question at this early phase in the proceedings – the "general causation" phase – is whether a reasonable jury could conclude that glyphosate, a commonly used herbicide, can cause Non-Hodgkin's Lymphoma ("NHL") at exposure levels people realistically may have experienced. If the answer is yes, the case moves to the next phase, which addresses whether each particular plaintiff's NHL was caused by glyphosate. If the answer is no, none of the plaintiffs' cases may proceed. And the answer must be no unless the plaintiffs can present at least one reliable expert opinion in support of their position. There are two significant problems with the plaintiffs' presentation, which combine to make this a very close question. First, the plaintiffs (along with some of their experts) rely heavily on the decision by the International Agency for Research on Cancer ("IARC") to classify glyphosate as "probably carcinogenic to humans." This classification is not as helpful to the plaintiffs as it might initially seem. To render a verdict for a plaintiff in a civil trial, a jury must Case 3:16-md-02741-VC Document 1596 Filed 07/10/18 Page 2 of 68 conclude, applying the "preponderance of the evidence" standard, that the plaintiff's NHL was more likely than not caused by exposure to glyphosate. -
DAUBERT by Kevin P
DAUBERT By Kevin P. Moriarty I. Introduction From 1923 until 1993, the federal courts determined the admissibility of expert witness testimony by applying a “general acceptance” test, stemming from Frye v. United States.1 For nearly a century, the Frye standard required an expert’s testimony had to be based on a theory or method that was “generally accepted” in the scientific community in order to be admissible in the federal courts. However, as the Frye standard stood the test of time, it began to show its weaknesses as science rapidly advanced in the 20th century, as it could potentially defeat a case on technical grounds. The general acceptance test is constraining and too general. It places an undue reliance on the approval of a technique or method by a community of sciences and not upon the reliability and relevance of a scientific issue. Daubert sought to make admitting expert testimony less restrictive by determining admissibility on relevance and reliability New scientific techniques and methods are more easily admitted under Daubert and its progeny. II. The Daubert Trilogy In Daubert, the United States Supreme Court held that a trail judge has a duty to scrutinize evidence more rigorously to determine if it meets the requirements of FRE 702, that is, is the expert’s opinion the product of reliable principles and methods. It focuses on using a reliable methodology by an expert to indicate that the overall testimony of that expert is reliable. Daubert is, however, not concerned with: Expert qualifications; The sufficiency of the facts or the data relied upon by the expert; or The application of the expert’s methodology to the facts of the case. -
Inference Procedures Based on Order Statistics
INFERENCE PROCEDURES BASED ON ORDER STATISTICS DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Jesse C. Frey, M.S. * * * * * The Ohio State University 2005 Dissertation Committee: Approved by Prof. H. N. Nagaraja, Adviser Prof. Steven N. MacEachern Adviser ¨ ¨ Prof. Omer Ozturk¨ Graduate Program in Prof. Douglas A. Wolfe Statistics ABSTRACT In this dissertation, we develop several new inference procedures that are based on order statistics. Each procedure is motivated by a particular statistical problem. The first problem we consider is that of computing the probability that a fully- specified collection of independent random variables has a particular ordering. We derive an equal conditionals condition under which such probabilities can be computed exactly, and we also derive extrapolation algorithms that allow approximation and computation of such probabilities in more general settings. Romberg integration is one idea that is used. The second problem we address is that of producing optimal distribution-free confidence bands for a cumulative distribution function. We treat this problem both in the case of simple random sampling and in the more general case in which the sample consists of independent order statistics from the distribution of interest. The latter case includes ranked-set sampling. We propose a family of optimality criteria motivated by the idea that good confidence bands are narrow, and we develop theory that makes the identification and computation of optimal bands possible. The Brunn-Minkowski Inequality from the theory of convex bodies plays a key role in this work.