Jerome A. Cohen, a remarkable legal mind who pioneered the study of China’s complex legal system, passed away peacefully on Monday at his Manhattan residence at the age of 95. He was not only one of the first foreign lawyers to practice commercial law in China but also a persistent advocate against human rights abuses.
His passing was confirmed by his devoted sons, Ethan and Peter.
Stephen Orlins, president of the National Committee on U.S.-China Relations and a former student and colleague, highlighted Cohen’s monumental impact, stating that he “created the field of the study of Chinese law in the United States.” Orlins further noted, “It’s rare to find a field where in the beginning it was so shaped by one person.”
Initially, Cohen seemed destined for a distinguished, yet traditional, career as a law professor. Following his graduation from Yale Law School, he served as a clerk for two Supreme Court justices before joining the faculty at the University of California, Berkeley, teaching conventional legal subjects.
However, a unique opportunity presented itself: to delve into Chinese language and law. He embraced this challenge, much to the surprise of some peers, during a period when China was undergoing intense political upheaval and remained largely inaccessible to Americans.
After mastering the language, Cohen gathered crucial insights into the workings of courts and prosecutors under Mao Zedong by interviewing individuals who had fled mainland China to Hong Kong. He subsequently founded a pioneering East Asian law program at Harvard Law School, where he taught from 1964 to 1979.
With Mao’s death and China’s subsequent opening to Western investment, Cohen transitioned his career to private law practice. He provided counsel to international corporations and educated Chinese officials eager to grasp the nuances of commercial law.
In 1990, Cohen joined New York University, establishing a platform that welcomed lawyers, judges, and human rights advocates from across Asia. He remained a persistent and outspoken critic of China’s escalating repressive policies under President Xi Jinping until his final days.
His passing triggered a flood of condolences from politicians, lawyers, academics, and activists throughout Asia, many of whom credited him for their professional paths, and even their freedom. Among these tributes was one from Xu Zhangrun, a Chinese law professor whom Cohen vocally supported after he was dismissed from his position and subjected to intense police surveillance for critiquing President Xi.
In a heartfelt eulogy published in the online journal China Heritage, Mr. Xu lamented, “His passing truly marks the end of an era.” He added, “For Jerome Cohen, the idea of legal rights was always grounded in a respect for basic human rights.”
Jerome Alan Cohen was born on July 1, 1930, in Elizabeth, New Jersey, and grew up in the neighboring town of Linden. He was the younger son of Philip Cohen, a lawyer, and Beatrice (Kaufman) Cohen, a schoolteacher.
A standout student in high school, he pursued international relations at Yale University before continuing his education at Yale Law School.
During his college years, he met Joan Lebold, and they married in 1954. She, along with their three sons—Ethan, Peter, and Seth—seven grandchildren, and six great-grandchildren, survives him.
In his memoir, “Eastward, Westward,” published this year, Cohen candidly recounted the prevalent antisemitism that often prevented talented Jewish law students, including himself, from securing summer internships at top-tier law firms.
Despite these barriers, he achieved remarkable success. After graduation, he and his wife relocated to Washington, D.C., where he clerked for Chief Justice Earl Warren and later for Justice Felix Frankfurter. His career also included a tenure at the firm Covington & Burling and a role as a prosecutor in the U.S. attorney’s office for the District of Columbia, before he began teaching criminal law at Berkeley in 1959.
The following year, the law school sought Cohen’s help in finding a suitable candidate for a Rockefeller Foundation grant focused on Chinese language and law. At the time, China was largely inaccessible to Americans, and its legal system remained a mystery. Unable to find a qualified applicant, Cohen considered taking on the challenge himself.
Some of his colleagues expressed skepticism. In his memoir, Cohen recollected Dean William L. Prosser of the law school cautioning him, “Don’t throw away your career on China.”
Undeterred, Cohen took the leap. His wife, Joan, who harbored a passion for Asian art, simultaneously embarked on her own studies of Chinese history and culture, eventually becoming a respected art historian, curator, writer, and photographer.
After immersing himself in Chinese language, Cohen and his family moved to Hong Kong in 1963. With official legal documents from China being rare, he meticulously interviewed refugees, including former police officers, to understand the true operation of Chinese law. This groundbreaking research culminated in his 1968 study, “The Criminal Process in the People’s Republic of China, 1949-63.” Over his career, he authored or co-authored more than a dozen books, many serving as essential guides to Chinese law.
Donald C. Clarke, an emeritus professor at George Washington University Law School, praised Cohen’s methodology, stating, “He showed the great value of paying attention to what’s going on in the ground, what’s really happening down there, as opposed to just relying on written materials.”
At Harvard, Cohen actively campaigned for the United States to establish diplomatic ties with Beijing. He had a deep desire to visit mainland China, even submitting written requests and, notably, a proposal to purchase a panda for an American zoo, all in vain.
His long-awaited opportunity arrived in 1972 when he joined a small delegation of scholars on a visit to Beijing and other cities. Cohen vividly remembered the challenge of engaging cautious residents in conversation over breakfast. The pinnacle of his trip was a dinner with China’s premier, Zhou Enlai.
Cohen recounted Premier Zhou Enlai’s remark: “I understand that you have done many books on our legal system,” a statement delivered with a tone that, as Cohen interpreted it, “gently implied that perhaps I had made more of China’s legal system than China had.”
With Mao’s death and China’s subsequent embrace of foreign visitors and investment, Cohen’s expertise in Chinese law became highly sought after by international businesses. He dedicated himself to lecturing Chinese officials, who were keen to understand the intricacies of drafting contracts, commercial regulations, and tax policies.
Cohen chose to transition from his academic role at Harvard to full-time law practice. In 1981, he joined the firm Paul Weiss, where he actively encouraged aspiring lawyers to specialize in China-related legal work. Many colleagues fondly remember his vibrant enthusiasm, his unwavering support for students and young professionals, and his signature bow tie.
During this period, he and his wife spent extensive time in China, where Cohen was deeply engaged in drafting contracts, counseling companies, and resolving commercial disagreements.
Yvonne Y.F. Chan, recruited by Cohen to Paul Weiss, remarked on his insatiable curiosity: “He had a thirst to learn. We’d be in these grueling negotiations and he’d ask these questions that might even go off on a tangent, because he was so curious to understand where the other side was coming from.”
Cohen retired from Paul Weiss in 2000, but his academic contributions continued at N.Y.U. until 2020, where he established the U.S.-Asia Law Institute. He maintained his engagement with China, often visiting and occasionally taking on cases, such as that of Zhao Yan, a New York Times researcher. Zhao was imprisoned on fraud charges in 2006, after initial accusations of stealing state secrets were dismissed by prosecutors.
He also championed the cause of Chinese legal and human rights activists, including Xu Zhiyong and Ding Jiaxi, both of whom received lengthy prison sentences in 2023 on charges of state subversion. Additionally, Cohen supported Chen Guangcheng, a blind legal activist who sought asylum in the American Embassy in Beijing after escaping house arrest in his village, eventually relocating to the United States in 2012.
Sophie Luo, Ding’s wife, shared in an interview, “He organized a seminar to make sure that people paid attention to the case. He put me in touch with people and organized resources. He didn’t want them to be forgotten.”
While Cohen frequently expressed concern over China’s escalating repressive policies under President Xi, he steadfastly refused to succumb to despair.
“I’m not totally pessimistic, as some people are,” he remarked in an interview published last year in The Wire China, a digital newsmagazine. He added, “China’s development has been pendulum-like. At the moment, we’re in a repressive period. That won’t last. It can’t last.”