In this Note, I will examine the background of the situation in Burma as well as the federal and state legislation passed in response to the atrocities occurring within Burma's borders. I will then address the First Circuit's holding that the Massachusetts Burma Law is unconstitutional, focusing on the court's foreign Commerce Clause analysis and failure to apply the market participant exception. Finally, I will discuss the history of and the justifications for the market participant exception, exploring how the exception should be applied in the context of foreign commerce.
Michelle C. Sarruf, Applying the Market Participant Exception to Selective Purchasing Laws That Affect Foreign Commerce Relations: Reading Between the Lines of National Foreign Trade Council v. Natsios, 24 SEATTLE U. L. REV. 1151 (2001).