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En Banc Roundtable

Welcome to the Vanderbilt Law Review En Banc Roundtable. This feature, which began in autumn 2009, hosts debates among legal academics and practitioners, usually on notable cases pending before the U.S. Supreme Court, although other legal issues may also be addressed. These articles can be on anything related to the selected issue, such as the merits of a particular argument, the practical implications of a potential ruling, the propriety of certiorari in a case, or the implications of proposed regulatory path. Roundtable allow participants to voice their views in a scholarly forum as the law is being made at the highest level. Articles from the feature have twice been cited in Supreme Court opinions: in Free Enterprise Fund v. PCAOB, decided in 2010, and in Golan v. Holder, decided in 2012.

Roundtable: The JOBS Act and SEC Rulemaking

This Roundtable charts a slightly new course for Vanderbilt Law Review En Banc. For the first time we consider proposed and anticipated regulations to be enacted by an agency, rather than a pending Supreme Court case. In this Roundtable our authors looked at the rulemaking authority of the Security and Exchange Commission (“SEC”) under the JOBS Act of April 2012 and proposed some recommendations to the SEC.

Professor Andrew A. Schwartz and practitioner Douglas S. Ellenoff have each considered the public policy rationales, legislative history, and congressional intent of Title III of the JOBS Act, which allows for the sale of unregistered securities via crowdfunding. Professor Usha Rodrigues looks at Title II of the JOBS Act, which requires the SEC to lift the ban on general soliciation and advertising of securities, provided they are sold only to accredited investors. All of the authors offer their views on how the SEC should approach the rules the Commission is required to promulgate under the Act. We hope you find this Roundtable informative and engaging.


Making Crowdfunding CREDIBLE
PDF · Douglas S. Ellenoff · 66 Vand. L. Rev. En Banc 19 (2013).

In Search of Safe Harbor: Suggestions for the New Rule 506(c)
PDF · Usha Rodrigues · 66 Vand. L. Rev. En Banc 29 (2013).

Keep It Light, Chairman White: SEC Rulemaking Under the CROWDFUND Act
PDF · Andrew A. Schwartz · 66 Vand. L. Rev. En Banc 43 (2013).

Current and Previous Roundtables