Congress should change the law so that the transfer of stock to workers is not taxed. I am not sure why pro-worker legislation like this wouldn't be supported.
If you generally solicit, under Section 201 of the JOBS Act, all of your investors have to be accredited.
If you don't generally solicit, theoretically, under Rule 506(b), you can have up to 35 non-accredited investors. BUT, if you even take one you have to provide IPO level disclosure. Ridiculously expensive. See this blog post: http://www.startuplawblog.com/2013/01/14/cant-i-let-non-accr...
Modeless, you are right. This court should be subject to the full light of day and a true adversarial process. All opinions published. With judges having to put their names on the opinions and own up to them.