Reforming Procedure of the N.L.R.B., 10 George Washington Law Review 1 (1941)
My subject implies a dichotomy which constitutes one of the law's perpetual paradoxes, seemingly impossible of resolution, the differentiation between procedure and substance. By all. experience divorcement of the two seems impossible. Procedure must be a function of the substance sought to be achieved; it is the instrument fashioned to attain previously determined goals. Yet substance is the function of the procedures which produce it; policy can be made, changed, perverted by procedure. This seeming paradox is not peculiar to administrative law and, perhaps, not even peculiar to law alone. And it does not leave us helpless. It merely requires us, when considering procedural reform-specifically in administration -to bear clearly in mind three obvious ideas-axioms so commonplace that, unless specifically adverted to, they are likely to ·be ignored to the detriment of our thinking.
Date of Authorship for this Version
Shulman, Harry, "Reforming Procedure of the N.L.R.B." (1941). Faculty Scholarship Series. Paper 4621.