Does the SEC Rule the Job Creation Roost? Squaring SEC Rulemaking with the JOBS Act’s Relaxation of the Prohibition Against General Solicitation and Advertising

As of April 2012, 12.5 million Americans were unemployed and the domestic economy remained stagnant. While the U.S. economy struggles to pull itself out of a recession, perhaps taking a lesson from history, Congress has focused on small-business job creation as a means of stimulating the economy. The latest congressional scheme deregulates the capital markets to permit emerging growth companies (EGCs) greater access to investment funding, thereby fostering small-business growth, and ultimately creating more U.S. jobs in the process. Specifically, in 2012, Congress enacted the Jumpstart Our Business Startups Act (JOBS Act) to carry out its economic policy objectives. . . .