Resolving a True Conflict between State Laws: a Minimalist Approach

[This article proposes a new approach to resolving a true conflict between the statutes of different states. It is commonly suggested that this type of conflict should be resolved by applying the statute of the state with the ‘closer connection’ to the dispute. However, states will not legislate unless they have a legitimate interest in the subject matter, so searching for the ‘closer connection’ does not lend itself to any principled answer. Instead, this type of conflict can be resolved by (1) confining a ‘conflict’ between the statutes of different states to the situation when it is impossible to obey or give effect to both statutes; and (2) when there is an actual conflict between the statutes of different states, by giving effect to neither state’s statute to the extent of the inconsistency. This minimalist approach promotes certainty and best gives effect to the equal legislative competence of the states.]