Francis A. Allen papers: 1940-2006
Summary Information
Title: Francis A. Allen papers
Creator: Allen, Francis A.
Dates: 1940-2006
Extent: 2.5 linear feet
Abstract:
Francis Allen was a professor at the University of Michigan Law School, from 1962 to 1986, and dean of the Law School, from 1966 to 1971. He also taught at Northwestern University, Harvard, the University of Chicago, and the University of Florida. He was chairman of the Attorney General's Commission on Poverty and the Administration of Federal Criminal Justice (1963), and took part in the psychosurgery court case Kaimowitz vs. Department of Mental Health for the State of Michigan, 1972-1979. Papers include a biography and bibliography, correspondence, published and unpublished works, court proceedings of the psychosurgery trial, speeches, other court documents, as well as sample examinations from his various law school courses.
Call number: 0787 Aa2
Language: The material is in English
Repository: Bentley Historical Library
1150 Beal Ave.
Ann Arbor, MI 48109-2113
Phone: 734-764-3482
Fax: 734-936-1333
e-mail: bentley.ref@umich.edu
Home Page: http://www.bentley.umich.edu/
Finding aid created by Jessica Scott, September 2009

Access and Use
Acquisition Information:

Collection received in two accessions: first accession received through Francis Allen in 2000 (donor no. 8939), second accession received through June Allen in 2008.

Access Restrictions:

The collection is open without restriction.

To protect fragile audiovisual recordings (such as audio cassettes, film reels, and VHS tapes), the Bentley Historical Library has a policy of converting them to digital formats by a professional vendor whenever a researcher requests access. For more information, please see: http://bentley.umich.edu/research/duplication/.

Copyright:

Copyright is held by the Regents of the University of Michigan but the collection may contain third-party materials for which copyright is not held. Patrons are responsible for determining the appropriate use or reuse of materials.

Processing Information:

In regards to the original order of the Francis A. Allen Papers, best care was taken on the part of the processor to respect that order in many cases. The Correspondence and Writings series are more or less in the original order that they were found in, although additional correspondence scattered throughout the rest of the collection was incorporated into the appropriate folders. The other materials in the collection were received in a somewhat disorganized state, and were organized according to subject if they did not fit within the Correspondence or Writings series.

Documents that were separated from the collection include duplicates of any kind, correspondence that did not directly pertain to Francis Allen (see below), some book reviews (a selected sample remains), University of Michigan publications (since they are already in another collection of the Bentley Library), student examinations from other universities (a selected sample remains), financial documents, junk mail, brochures, and published works that were not for a professional journal, organization, or newspaper (examples include those written for textbooks or encyclopedias).

At times, correspondence within the collection was written from individual to recipient, and Allen was carbon copied (or "cc'ed") in the message. In these cases, if Allen was not mentioned at all in the text of the letter, it was discarded. Although there are exceptions that remain in the collection, such as brochures that were sent to Allen for various seminars or documents that directly involved his interests. In these cases, an attachment letter was usually present along with the document, explaining why it would be of interest to him.

Within the initial accession, which was donated by Francis Allen himself, he would at times include notes that were paper clipped to a corresponding document. These notes usually describe the context of why the document was created, and often include Allen's opinion or a short anecdote relating to it. These notes have been retained

In preparing digital material for long-term preservation and access, the Bentley Historical Library adheres to professional best practices and standards to ensure that content will retain its authenticity and integrity. For more information on procedures for the ingest and processing of digital materials, please see Bentley Historical Library Digital Processing Note. Access to digital material may be provided either as a direct link to an individual file or as a downloadable package of files bundled in a zip file.

Preferred Citation:

[item], folder, box, Francis A. Allen papers, Bentley Historical Library, University of Michigan


Biography

Francis Alfred Allen was born in Kansas City, Kansas, in 1919. After attending Cornell College in Iowa, he served in the United States Army Air Corps as a weatherman during World War II. After the war, he continued on to Northwestern University to finish his law degree in 1946. He married June Walsh in 1947, and had two children, Neil and Susan.

Allen started his teaching career at Northwestern University in 1948. He subsequently went on to teach at Harvard (1953-1956) the University of Chicago (1956-1962 and 1963-1966), and the University of Michigan (1962-1963 and 1966-1986). He became dean of the Law School at the University of Michigan from 1966 to 1971.

Allen also participated in court proceedings throughout his career. After returning from World War II, Allen served as clerk to Chief Justice Fred Vinson from 1946 to 1948. In the early 1950s, he also served as a lawyer for a short time in the Cook County criminal court in Illinois. From 1972 to 1979, he took part in Kaimowitz vs. Department of Mental Health for the State of Michigan, in which patients of a mental institution felt that they were forced against their will to participate in psychosurgical procedures because of their status in society.

Allen concentrated most of his professional efforts towards reforming criminal law in the United States, as well as analyzing the concept of rehabilitation and how it has evolved over time. He also wrote and published many works on family law and juvenile law.

Because of his role as a reformer in the field of criminal law, Allen was often called to public service. In 1961, Allen played a pivotal role in the creation of the Illinois Criminal Code. But his most important accomplishment was the chairmanship of the Attorney General's Commission on Poverty and the Administration of Federal Criminal Justice. The report of that committee directly led to the passing of the Criminal Justice Act of 1964 and the Bail Reform Act of 1966.

Allen was also the recipient of many awards during his lifetime. In 1975, he was elected to the American Academy of Arts and Sciences, and became President of the Association of American Law Schools in 1976. Allen was a visiting expert for the Salzburg Seminar of American Studies, and a scholar in residence at the Rockefeller Foundation in Bellagio, Italy. He also was a visiting professor for Northwestern University, Boston College, and the University of Chicago.

After retiring from the University of Michigan in 1986, Allen moved to Gainesville, Florida, were he taught at the University of Florida until his retirement in 1994. He passed away on April 6, 2007. He was survived by his wife June and son Neil.


Collection Scope and Content Note

The Francis A. Allen Papers are composed of professional and personal documents spanning 1940-2006, with the majority of the documents dating between 1950-2000. The bulk of the papers (roughly 50 percent) are correspondence, including professional, academic, and personal documents. The next biggest sub-set is a sampling of some of his published works as well as unpublished works. There are also documents from court cases he was involved in, speeches he delivered over the course of his career, and samples of student examinations he gave while teaching as a law school professor.

Subject Terms

This collection is indexed under the following headings in the finding aid database and catalog of The Bentley Historical Library/University of Michigan. Researchers desiring additional information about related topics should search the catalog using these headings.


  • Law.
  • Psychosurgery.
  • Allen, Francis A.
  • University of Michigan -- Law School.
  • University of Michigan -- Faculty.
Contents List
Request materials for use in the Bentley Library
Container / Location Title
 
Biographical [series]

The Biographical series contains two folders. One contains a bibliography of Allen's published works from 1941 to 1998 as well as a résumé from 1997. The other folder contains two short biographies (an obituary from the Chicago Tribune, and one written upon Allen being named the Edson R. Sunderland Professor of Law Emeritus at the University of Michigan.)

Box   1  
Biographies
Box   1  
Bibliography
 
Correspondence 1940-2006 [series]

The Correspondence series, 1.5 linear feet, is arranged in alphabetical order. The types of correspondence range from personal letters, letters of recommendation, opinions on law matters or academia, and personal or financial business letters. For subjects (either individuals or institutions) with a large amount of correspondence, their materials were separated out into individual folders. Examples of these subjects include Allen's brother William, his brother Clark, various departmental units at the University of Michigan (the Law School, University Press, etc.), his close friend and colleague Norval Morris, and personal correspondence. Allen indicates on the upper right hand of most correspondence pages the name of the individual that the document pertains to, but his schema of doing this is at times inconsistent. Although the majority of the papers are organized by last name, sometimes they will be organized by the organization he was writing to instead of the individual to whom the letter was actually addressed (examples being the Harvard Law Review or the University of Chicago Press). In these cases the Harvard Law Review correspondence would be placed in the "H" folder, and the University of Chicago correspondence in the "C" folder. When there was a large number of documents pertaining to one individual or unit, care was taken to place the documents in reverse chronological order (in most cases, this was the original order that Allen used).

The personal correspondence folder includes information regarding the publishing of Allen's works from various university presses (fax receipts, contracts, etc.), any documents containing Allen's social security number, and letters and cards of a personal nature. Although documents of this kind are also in other correspondence folders, the respect of the original order has been maintained.

Common correspondents include:

  1. Allen’s family: Clark Allen and William Allen.
  2. Faculty colleagues at the University of Michigan: Lee C. Bollinger, Terrence Sandalow, Theodore St. Antoine, Thomas E. Sunderland, and Allan F. Smith.
  3. Colleagues at other law schools or professional organizations: Paul D. Carrington, Albert W. Alschuler, Dick Julin, Sanford Kadish, James Marsh, Norval Morris, Helen Silving, and Frank Zimring.
  4. Institutions:Harvard Law Review, departments within the University of Michigan (University Press, Administrative Affairs, Law School), Northwestern University, the Rockefeller Foundation, and the Salzburg Seminar.
  5. Others: Supreme Court Associate Justice Byron R. White, Walter O. Weyrauch, and Austin Wright.
Box   1  
A
Box   1  
Allen, Clark L.
Box   1  
Allen, Mark
Box   1  
Allen, Neil Walsh and Susan Lee 1965-1966
Box   1  
Allen, William (contains 1 color photograph) 1980-2001
Box   1  
Allen, William 1950-1978
Box   1  
B
Box   1  
C
Box   1  
D
Box   1  
E
Box   1  
F-G
Box   1  
H-I
Box   1  
J
Box   1  
K
Box   1  
L
Box   1  
M
Box   1  
Michigan, University of
Box   1  
Morris, Norval 1950-2006
Box   1  
Personal
Box   1  
N,P,Q
Box   2  
R
Box   2  
Sal-Sou
Box   2  
Sow-Syr
Box   2  
W
Box   2  
U-V
Box   2  
Y-Z
 
Writings [series]

The Writings series contains a sampling of Allen's published works, dating from roughly 1950 to 2006, and comprises almost 0.5 linear feet. The majority of the works are book reviews, opinion articles, speeches and professional articles. Allen was published in many law review journals, newspapers, and magazines, and also wrote a few books. This series contains the Report of the Attorney General's Committee on Poverty and the Administration of Federal Criminal Justice, which was written in February 1963. Lastly, there is a folder of unpublished writings, which includes reactions to books, reports he was asked to write, and even poetry.

 
1941-1949
Box   2  
"Confinement of the Sexually Irresponsible," 1941
Box   2  
"Modernizing Illinois Eminent Domain Procedures," 1946
Box   2  
Book Review: "The Roosevelt Court: A Study in Judicial Politics and Values, 1937-1947" 1949
 
1950-1956
Box   2  
"The Wolf Case: Search and Seizure, Federalism, and the Civil Liberties," 1950
Box   2  
Book Review: "Melville Weston Fuller: Chief Justice of the United States, 1888-1910" 1950
Box   2  
Book Review: "Hold Your Tongue!," 1950
Box   2  
Book Review: "Cases on Criminal Law and Procedure," 1950
Box   2  
Book Review: "Russell on Crime," 1952
Box   2  
"Due Process and State Criminal Procedures: Another Look," 1953
Box   2  
"Chief Justice Vinson and the Theory of Constitutional Government: A Tentative Appraisal," 1954
Box   2  
"Pioneers in Criminology, IV -- Raffaele Garfolo (1852-1934)," 1954
Box   2  
"The Real Estate Transactions Seminar," 1955
Box   2  
Book Review: "International Lectures on Police Science," 1956
Box   2  
"History, Empirical Research, and Law Reform: A Short Comment on a Large Subject," 1956
Box   2  
"Law and the Future: Criminal Law and Administration," 1956
Box   2  
Book Review: "The Supreme Court in the American System of Government," 1956
 
1957-1959
Box   2  
Book Review: "Mens Rea in Statutory Offences," 1957
Box   2  
Book Review: "Not Guilty," 1957
Box   2  
"Griffin vs. Illinois: Antecedents and Aftermath," 1957
Box   2  
Book Review: "Military Justice in the Armed Forces of the United States," 1957
Box   2  
Review: "Report of the Committee on Homosexual Offences and Prostitution," 1957
Box   2  
"The Borderland of the Criminal Law: Problems of 'Socializing' Criminal Justice," 1958
Box   2  
"The Court and Civil Liberties," 1958
Box   2  
"The Supreme Court and State Criminal Justice," 1958
Box   2  
Draft copy: "Effective State Post-Conviction Procedures -- Their Nature and Essentialities," 1958
Box   2  
"History, Empirical Research, and Law Reform: A Short Comment on a Large Subject," 1958
Box   2  
Without footnotes: "The Supreme Court, Federalism, and State Systems of Criminal Justice," 1958
Box   2  
With footnotes: "The Supreme Court, Federalism, and State Systems of Criminal Justice," 1958
Box   2  
With footnotes: "Criminal Justice, Legal Values and the Rehabilitative Ideal," 1959
Box   2  
"Memorial to Fred M. Merrifield," 1959
Box   2  
Without footnotes: "Criminal Justice, Legal Values and the Rehabilitative Ideal," 1959
 
1960-1962
Box   2  
"A Look at Juvenile Court Procedures," 1960
Box   2  
Book Review: "Report of the Commission of Inquiry on Capital Punishment (Ceylon)," 1960
Box   2  
Book Review: "Wharton's Criminal Law and Procedure," 1960
Box   2  
"The Right to Counsel: A Symposium," 1961
Box   2  
"The Exclusionary Rule in the American Law of Search and Seizure," 1961
Box   2  
"Federalism and the Fourth Amendment: A Requiem for Wolf," 1961
Box   2  
"Offenses Against Property," 1962
Box   2  
"The Rule of the American Law Institute's Model Penal Code," 1962
Box   2  
Book Review: "Procedure and Evidence in the Juvenile Court: A Guidebook for Judges," 1962
 
February 1963
Box   2  
"Report of the Attorney General's Committee on Poverty and the Administration of Federal Criminal Justice," 1963
Box   2  
Co-author: "Comments on 'Approaches to Court Imposed Compromise -- The Uses of Doubt and Reason'," 1964
Box   2  
"Reflections on Hanging," 1964
Box   2  
Book Review: "Justice Holmes on Legal History," 1964
Box   2  
Book Review: "Mr. Justice Holmes and the Criminal Law," 1964
Box   2  
"Ernst Freund: Scholar and Gentleman," 1965
Box   2  
"Ernst Freund and the New Age of Legislation," 1965
Box   2  
"Current Tendencies in American Narcotics Legislation," 1965
Box   2  
"The Juvenile Court and the Limits of Juvenile Justice," 1965
Box   2  
Book Review: "Crime, Law, and Society," 1966
Box   2  
"Civil Disobedience and the Legal Order," 1967
 
1968-1969
Box   2  
"Justice, Decency Are Indispensable," 1968
Box   2  
"Liberty and Order," 1968
Box   2  
"Legal Values and Correctional Values," 1968
Box   2  
"One Aspect of the Problem of Relevance in Legal Education," 1968
Box   2  
"Violence and the Law," 1969
Box   2  
"'Law and Order' On What Terms?," 1969
Box   2  
"Rights in Conflict: A Balanced Approach," 1969
 
Circa (Date Unknown) 1960s
Box   2  
"The Supreme Court Discovers the Juvenile Court," ca. late 1960s-early 1970s
Box   2  
"Les Infractions Contre La Propriété," ca. late 1950s-early 1960s
Box   2  
"The Challenge of the Impoverished Accused in the Administration of Criminal Justice," ca. mid-1960s
 
1970-1975
Box   2  
"Law Schools: Time of Troubles," 1970
Box   2  
"Politics and the University," 1970
Box   2  
"Issues Confronting the University," 1971
Box   2  
"Freedom, Order and Justice," 1971
Box   2  
"Mr. Justice Holmes and 'The Life of the Mind'," 1972
Box   2  
"The Judicial Quest for Penal Justice: The Warren Court and the Criminal Cases," 1975
Box   2  
"Foreword -- Quiescence and Ferment: The 1974 Term in The Supreme Court," 1975
 
1976-1979
Box   2  
"The Causes of Popular Dissatisfaction with Legal Education," 1976
Box   2  
"The Criminal Law as an Instrument of Economic Regulation," 1976
Box   2  
"Message From The President (Number 76-1)," 1976
Box   2  
"Message From The President (Number 76-2)," 1976
Box   2  
"President's Message for the September AALS Newsletter," 1976
Box   2  
"Message From The President (Number 76-4)," 1976
Box   2  
"The Causes of Popular Dissatisfaction with Legal Education," 1977
Box   2  
"The Prospects of University Law Training," 1977
Box   2  
"Criminal Law and the Modern Consciousness: Some Observations on Blameworthiness," 1977
Box   2  
"The New Anti-Intellectualism In American Legal Education," 1977
Box   2  
"Introduction [recognizing Helen Silving]," 1977
Box   2  
"Untitled (recognizing Walter Schaefer)," 1979
Box   2  
"On Winning and Losing," ca. late 1970s
Box   2  
"Resolving The Tension Between Professors and Practitioners," ca. late 1970s
Box   2  
"Bringing Substance Into A Formless Future," ca. late 1970s
 
1981-1986
Box   2  
"The Morality of Means: Three Problems in Criminal Sanctions," 1981
Box   2  
"Majorities, Minorities, and Morals: Penal Policy and Consensual Behavior," 1982
Box   2  
"Ernst Freund," 1983
Box   2  
"1984 -- The End Of Intimacy," circa 1983
Box   2  
Book Review: "American Law," 1984
Box   2  
"A Serendipitous Trek Through the Advance-Sheet Jungle: Criminal Justice in the Courts of Review," 1985
Box   2  
"Never Leaving Law School," 1986
 
1987-1989
Box   2  
"Commentary on Baldwin," 1987
Box   2  
"The Erosion of Legality in American Criminal Justice: Some Latter-Day Adventures of the Nulla Poena Principle," 1987
Box   2  
"What Provisions Should Govern Deans' Tenure?," 1988
Box   2  
"Criminal Sentencing in the United States: A Survey in Aid of Comparative Study," 1988
Box   2  
"Barriers To Excellence-A critical evaluation of UF's future," 1989
Box   2  
"Remembering Shelley v. Kraemer: Of Public And Private Worlds," 1989
Box   2  
"The Dolphin and the Peasant: Ill-Tempered, but Brief, Comments on Legal Scholarship," ca. late 1980s
 
1990-1998
Box   2  
"The Dolphin and the Peasant: Ill-Tempered, but Brief, Comments on Legal Scholarship," 1990
Box   2  
"On Coming Of Age: Twenty-Five Years Of The University Of Michigan Journal Of Law Reform," 1991
Box   2  
"Joseph Richard Julin," 1993
Box   2  
"1996 Fellows Research Award -- Yale Kamisar," 1996
Box   2  
"The Scholarship Of Kenneth Pye," 1996
Box   2  
Book Review: "The Poignant Paradoxes of Criminal Justice: A Review (reviewing Romantic Outlaws, Beloved Persons by Martha Grace Duncan)," 1996
Box   2  
"The Comparative Study of Legal Institutions: The Case of American Criminal Justice," 1998
 
2000-2001
Box   2  
Book Review: "Stewards of Democracy: Law as a Public Profession," 2000
Box   2  
"A Matter of Proportion," 2001
 
Unknown Year/Journal
Box   2  
"Foreword" (written for a book by Frank Zimring)
Box   2  
"Foreword -- The Changing Borders of Juvenile Justice: Transfer of Adolescents to the Criminal Court"
 
Unpublished Writings (1940s 1988) 1956
Box   2  
Book Reviews: "Political Prisoners in American" and "The Seamy Side of Democracy," (year unknown)
Box   2  
"Untitled (handwritten poem, author unknown)," 1945
Box   2  
"Some Observations on Legal Education; or a Law Student Speaks Out of Turn," 1942
Box   2  
"Some Observations on 'Intellectual History' upon Reading Gabriel's Course of American Democratic Thought," 1944-45
Box   2  
"Untitled (remarks about wartime reading)," 1946
Box   2  
"Untitled (speech for the Illinois Sex Offense Commission)," ca. late 1940s
Box   2  
"Lines to K.L. and to Any Others Who May Be Interested" or "Dreams of Empire Vindicated," 1956
Box   2  
"Legality," 1988
 
Psychosurgery Trial [series]

The Psychosurgery Trial series is three folders containing a variety of court documents, including pre-trial statements, opinions, affidavits, hearing notices, briefs, and papers that were collected prior to the litigation process. The timeline for the entire case spans from 1972 to 1979, although many of the documents are dated between 1972 and 1974, with only a few documents from the later years. The documents are in approximate chronological order, with the papers from the same year being grouped together, although not necessarily in correct monthly order. The documents in this series cover two trials, Kaimowitz vs. Department of Mental Health for the State of Michigan, and People of the State of Michigan vs. Louis Maurice Smith. Gabe Kaimowitz, on behalf of the Medical Committee for Human Rights and the Medical Care Division of the Michigan Public Health Association, represented the mistreated patients of the Michigan State Hospital System. Louis Maurice Smith was one of those patients, although his name had been changed to John Doe on many of the court documents. Allen was Smith's attorney during part of the trial.

In the later years of the People vs. Smith trial (1978-1979), it eventually reached the Michigan Supreme Court. Although these documents are fewer in number, they provide a concise timeline of the entire psychosurgery trial since 1972.

Box   3  
General (1) 1972-1976
Box   3  
General (2) 1973
Box   3  
General (3) 1972-1979
 
Speeches [series]

The Speeches series is separated into folders according to year, which are in reverse chronological order. The dates of Allen's speeches range from 1952 to 1988. The types of speeches include addresses to various law schools, professional organizations, and political organizations, speeches where he gives his opinion on a legal subject, those given as Dean of the Law School at the University of Michigan, memorial services, presentations, and lectures. A great many of them are dedicated to the controversies of legal action during the Vietnam War.

Box   3  
Unknown Year 1980-1991
Box   3  
1970-1978
Box   3  
1961-1968
Box   3  
1952-1959
 
Student Examinations [series]

The Student Examinations series consists of two folders: one of exams given at the University of Michigan, and the other of exams given at all other schools where Allen taught, including Northwestern, Harvard, the University of Chicago, and the University of Florida. The dating for this series ranges from roughly 1950 to the 1990s. In some cases, Allen had written out by hand answers to some of the exams. If those answers were found to match one of the exams, the answer sheets were placed immediately after the exam.

Box   3  
University of Michigan, 1984-85
Box   3  
Non-University of Michigan schools 1950s-1994
 
Trial Proceedings [series]

The Trial Proceedings series covers two time periods where Allen participated in court cases. One is a group of moot court cases that were conducted while Allen attended Northwestern University from 1940 to 1941. The other is a group of actual court cases conducted in Cook County, Illinois, and the Supreme Court of Illinois, from 1951 to 1953.

Box   3  
1951-1953
Box   3  
1940-1941

(Northwestern University moot trials)