1. There is no doubt that the California Rule has no perch in federal law or in the federal constitution, so that state constitutional provisions like those of Measure 8 must trump any state judicial assertion of the rule. Even without such a provision, though, Oregon demonstrates how a state might extricate itself from the California Rule;the Oregon saga demonstrates, though, is that all is not lost for these states
2. the California court adopted its eponymous rule almost accidentally, by misreading and , nor, in the end, anything. 192 The path forward, then, is simply to recognize, as the Oregon Supreme Court has done, both the error and the incoherence involved in reaching and enforcing its version of the California Rule. This is, as a matter of judicial-branch theory, the simplest of tasks: an error, perhaps careless but not malign, and grounded, as it happens, in nothing;Oregon
3. Offender Based Transaction Statistics (OBTS), 1988: Alabama, Alaska, California, Delaware, Idaho, Kentucky, Minnesota, Missouri, Nebraska, New Jersey, New York, Oregon, Pennsylvania, Utah, Vermont, and Virginia