Resolving true conflicts – the moderate and restrained interpretation
1) How would Bernkrant be resolved under the 1st Restatement?
2) Isn’t the Bernkrant case an example of a court subordinating the interest of its state to another state’s interest – which Currie argued was illegitimate?
3) How would Lilienthal come out under the moderate and restrained interpretation approach?
4) Does the appeal to parties’ legitimate expectations in Bernkrant signal a return to vested rights?