Jerome A. Cohen
Encyclopedia
Jerome Alan Cohen is a professor of law at New York University School of Law
, an expert in Chinese law, a senior fellow for Asia Studies at the Council on Foreign Relations, and serves as "of counsel" at the international law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP.
Cohen was originally known in Chinese as 孔杰荣 (Kong Jierong), giving him the same family name as Confucius. Mainland Chinese communists rejected this name, however, along with the Confucian values it evoked. Cohen was thus renamed 柯恩 (ke'en)a humbler, phonetic translation, although he remained known as 孔杰荣 on Taiwan and in Hong Kong.
degree from Yale University
in 1951 where he graduated Phi Beta Kappa. Following graduation, he spent a year in France as a Fulbright scholar studying international relations before returning to Yale and earning his J.D.
from Yale Law School
in 1955. While at Yale, he served as the Editor-in-Chief of the Yale Law Journal
. From 1955-56 he clerked at the Supreme Court, first under Chief Justice Earl Warren
and then under Justice Felix Frankfurter
, who became godfather to Cohen's two oldest children.
, and, when no clear candidate emerged, decided to pursue the opportunity himself. He began studying the Chinese language, but as Americans were not permitted to enter China at the time, he could only travel as far as Hong Kong, where he met with refugees and questioned them on Chinese Criminal Procedure. These interviews served as the basis for his book, "The Criminal Process of the People's Republic of China: 1949-1963."
In 1964, Cohen became a Professor at Harvard University School of Law, where he would remain for 17 years, and created the school's East Asia Legal Studies Association. During this time,Cohen advocated for normalized relations with China, and was influential in securing the release of John T. Downey
in the early 1970s. Downey, a former classmate of Cohen's from Yale, had been held in a Chinese prison since the Korean War
, accused of being a CIA operative. In 1972, Cohen was able to make his first trip to the Chinese mainland as part of a delegation of the Federation of American Scientists
and was able to meet with Premier Zhou Enlai
. In 1977, he accompanied Senator Ted Kennedy
to Beijing where they met with Deng Xiaoping
.
Following China's economic reforms in 1979, Cohen's obscure specialty of Chinese law was thrust into the spotlight as foreign companies began to consider investment opportunities. When he was offered the unprecedented opportunity to live and practice in Beijing in exchange for teaching American contract law to commerce officials, Cohen took a sabbatical from Harvard. When the sabbatical concluded in 1981, he decided to remain in China and work at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison
Following the suppression of student uprising in Tiananmen Square in 1989, Paul Weiss closed its Hong Kong Office, and Cohen returned to the United States where he became a Professor of Law at New York University
School of Law in 1990. He concurrently serves as Of Counsel
for Paul, Weiss, Rifkind, Wharton & Garrison
. At NYU, he established the U.S.-Asia Law Institute, dedicated to facilitating the development of the rule of law throughout Asia.
(馬英九) is the current president.
In 1985, Cohen played a key role in securing the release of political prisoner Annette Lu
(呂秀蓮) who had been a student of Cohen's at Harvard and who would later became vice-president of Taiwan.
Also in 1985, following the murder in San Francisco of Henry Liu, a Taiwanese-American author critical of the martial law government, Cohen served as a pro-bono representative of Liu's widow at the trial in Taipei. On appeal of what he thought was a show trial convicting reputed gangsters, he sought to show that the government was directly involved in the plot. The sentences were upheld, and later, Taiwan's chief of military intelligence was also convicted for his involvement.
In South Korea, Cohen was able to intervene in the kidnapping of Kim Dae-jung (김대중), who would later become president and receive the Nobel Peace Prize. In August, 1973, Cohen received an urgent call from Kim's aide, telling him that Kim had been kidnapped by Korean intelligence officials in Tokyo and imploring Cohen to request Henry Kissinger's help. Cohen did and Kim's life was saved, although Kim later reported that he had been bound and blindfolded aboard a boat with weights tied to his wrists, before the execution was suddenly called off.
.
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
, an expert in Chinese law, a senior fellow for Asia Studies at the Council on Foreign Relations, and serves as "of counsel" at the international law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP.
Cohen was originally known in Chinese as 孔杰荣 (Kong Jierong), giving him the same family name as Confucius. Mainland Chinese communists rejected this name, however, along with the Confucian values it evoked. Cohen was thus renamed 柯恩 (ke'en)a humbler, phonetic translation, although he remained known as 孔杰荣 on Taiwan and in Hong Kong.
Early career
Cohen was born in Elizabeth, New Jersey, July 1, 1930, and spent his early years in Linden, New Jersey, the son of a local government attorney. Cohen received his B.A.Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
in 1951 where he graduated Phi Beta Kappa. Following graduation, he spent a year in France as a Fulbright scholar studying international relations before returning to Yale and earning his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
in 1955. While at Yale, he served as the Editor-in-Chief of the Yale Law Journal
Yale Law Journal
The Yale Law Journal is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School...
. From 1955-56 he clerked at the Supreme Court, first under Chief Justice Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
and then under Justice Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
, who became godfather to Cohen's two oldest children.
Career in China
Cohen joined the faculty of University of California, Berkeley School of Law in 1959. It was here that he was asked to find a candidate for a four year grant to study China offered by the Rockefeller FoundationRockefeller Foundation
The Rockefeller Foundation is a prominent philanthropic organization and private foundation based at 420 Fifth Avenue, New York City. The preeminent institution established by the six-generation Rockefeller family, it was founded by John D. Rockefeller , along with his son John D. Rockefeller, Jr...
, and, when no clear candidate emerged, decided to pursue the opportunity himself. He began studying the Chinese language, but as Americans were not permitted to enter China at the time, he could only travel as far as Hong Kong, where he met with refugees and questioned them on Chinese Criminal Procedure. These interviews served as the basis for his book, "The Criminal Process of the People's Republic of China: 1949-1963."
In 1964, Cohen became a Professor at Harvard University School of Law, where he would remain for 17 years, and created the school's East Asia Legal Studies Association. During this time,Cohen advocated for normalized relations with China, and was influential in securing the release of John T. Downey
John T. Downey
John T. 'Jack' Downey was a CIA operative who was held captive in China for twenty years.-Early life:Originally from New Britain, Connecticut, Downey graduated from The Choate School and in 1951 Yale University....
in the early 1970s. Downey, a former classmate of Cohen's from Yale, had been held in a Chinese prison since the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...
, accused of being a CIA operative. In 1972, Cohen was able to make his first trip to the Chinese mainland as part of a delegation of the Federation of American Scientists
Federation of American Scientists
The Federation of American Scientists is a nonpartisan, 501 organization intent on using science and scientific analysis to attempt make the world more secure. FAS was founded in 1945 by scientists who worked on the Manhattan Project to develop the first atomic bombs...
and was able to meet with Premier Zhou Enlai
Zhou Enlai
Zhou Enlai was the first Premier of the People's Republic of China, serving from October 1949 until his death in January 1976...
. In 1977, he accompanied Senator Ted Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
to Beijing where they met with Deng Xiaoping
Deng Xiaoping
Deng Xiaoping was a Chinese politician, statesman, and diplomat. As leader of the Communist Party of China, Deng was a reformer who led China towards a market economy...
.
Following China's economic reforms in 1979, Cohen's obscure specialty of Chinese law was thrust into the spotlight as foreign companies began to consider investment opportunities. When he was offered the unprecedented opportunity to live and practice in Beijing in exchange for teaching American contract law to commerce officials, Cohen took a sabbatical from Harvard. When the sabbatical concluded in 1981, he decided to remain in China and work at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison
Paul, Weiss, Rifkind, Wharton & Garrison
Paul, Weiss, Rifkind, Wharton & Garrison LLP is a law firm headquartered on Sixth Avenue in New York City. The firm has well-noted expertise in its corporate, personal representation, entertainment law and litigation practices, having long been a leader among national litigation firms...
Following the suppression of student uprising in Tiananmen Square in 1989, Paul Weiss closed its Hong Kong Office, and Cohen returned to the United States where he became a Professor of Law at New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
School of Law in 1990. He concurrently serves as Of Counsel
Of counsel
Of counsel is often the title of an attorney who is employed by a law firm or an organization, but is not an associate or a partner. Some firms use titles like "counsel," "special counsel," and "senior counsel" for the same concept...
for Paul, Weiss, Rifkind, Wharton & Garrison
Paul, Weiss, Rifkind, Wharton & Garrison
Paul, Weiss, Rifkind, Wharton & Garrison LLP is a law firm headquartered on Sixth Avenue in New York City. The firm has well-noted expertise in its corporate, personal representation, entertainment law and litigation practices, having long been a leader among national litigation firms...
. At NYU, he established the U.S.-Asia Law Institute, dedicated to facilitating the development of the rule of law throughout Asia.
Human rights work
Over the course of his career, Cohen has been a tireless advocate for human rights. In addition to striving for legal reforms in China, he has been instrumental in realizing the release of political prisoners, including Song YongYi, a librarian at Dickinson College who was charged in China for selling intelligence overseas after he mailed newspapers, books, and Red Guard posters to the U.S. He regularly uses his bi-weekly column in the South China Morning Post as a platform to criticize rights violations in China and Taiwan.Taiwan
Cohen's influence has been particularly strong in Taiwan where his former student, Ma Ying-jeouMa Ying-jeou
Ma Ying-jeou is the 12th term and current President of the Republic of China , commonly known as Taiwan, and the Chairman of the Kuomintang Party, also known as the Chinese Nationalist Party. He formerly served as Justice Minister from 1993 to 1996, Mayor of Taipei from 1998 to 2006, and Chairman...
(馬英九) is the current president.
In 1985, Cohen played a key role in securing the release of political prisoner Annette Lu
Annette Lu
Annette Lu Hsiu-lien , was the Vice President of the Republic of China from 2000 to 2008, under Chen Shui-bian. She announced her intentions to run for President of Taiwan on March 6, 2007, but withdrew in order to support DPP presidential nominee, Frank Hsieh...
(呂秀蓮) who had been a student of Cohen's at Harvard and who would later became vice-president of Taiwan.
Also in 1985, following the murder in San Francisco of Henry Liu, a Taiwanese-American author critical of the martial law government, Cohen served as a pro-bono representative of Liu's widow at the trial in Taipei. On appeal of what he thought was a show trial convicting reputed gangsters, he sought to show that the government was directly involved in the plot. The sentences were upheld, and later, Taiwan's chief of military intelligence was also convicted for his involvement.
Korea
Cohen was the first American academic to visit North Korea in 1972.In South Korea, Cohen was able to intervene in the kidnapping of Kim Dae-jung (김대중), who would later become president and receive the Nobel Peace Prize. In August, 1973, Cohen received an urgent call from Kim's aide, telling him that Kim had been kidnapped by Korean intelligence officials in Tokyo and imploring Cohen to request Henry Kissinger's help. Cohen did and Kim's life was saved, although Kim later reported that he had been bound and blindfolded aboard a boat with weights tied to his wrists, before the execution was suddenly called off.
Works
Cohen's writings regularly appear in Hong Kong's English daily South China Morning PostSouth China Morning Post
The South China Morning Post , together with its Sunday edition, the Sunday Morning Post, is an English-language Hong Kong newspaper, published by the SCMP Group with a circulation of 104,000....
.
- "The Struggle for Autonomy of Beijing's Public Interest Lawyers," China Rights Forum, 2009, no. 1.
- Investment Law and Practice in Vietnam (LongmanLongmanLongman was a publishing company founded in London, England in 1724. It is now an imprint of Pearson Education.-Beginnings:The Longman company was founded by Thomas Longman , the son of Ezekiel Longman , a gentleman of Bristol. Thomas was apprenticed in 1716 to John Osborn, a London bookseller, and...
, 1990) - Contract Law of the People's Republic of China (Longman, 1988) (with Yvonne Y.F. Chan and Ho Yuk Ming)
- People's China and International Law (Princeton University PressPrinceton University Press-Further reading:* "". Artforum International, 2005.-External links:* * * * *...
, 1974) (with H.D. Chiu) - The Criminal Process in the People's Republic of China, 1949-63: An Introduction (Harvard University PressHarvard University PressHarvard University Press is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. In 2005, it published 220 new titles. It is a member of the Association of American University Presses. Its current director is William P...
, 1968)
See also
- Derk BoddeDerk BoddeDerk Bodde was a prominent 20th century American Sinologist and historian of China. He authored pioneering work in the history of the Chinese legal system....
(1909–2003): U.S. scholar of ancient Chinese law and society - William P. AlfordWilliam P. AlfordWilliam P. Alford is a US legal scholar. He is currently Henry L. Stimson Professor of Law and Vice Dean for the Graduate Program and International Legal Studies at Harvard Law School...
: current Harvard Law SchoolHarvard Law SchoolHarvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
scholar of Chinese law - Institutes studying Chinese Law
- Chinese lawChinese lawChinese law is one of the oldest legal traditions in the world. In the 20th and 21st century, law in China has been a complex mix of traditional Chinese approaches and Western influences....