Eastward Westward A Life In Law – Jerome A Cohen (1)

Chicago, December 1953. The Cohen family in Tiananmen Square. Beijing, 2002. Harvard Law School’s East Asian Legal Studies celebrates its fiftieth anniversary and the establishment of a professorship to honor Joan and Jerry. John T. (“Jack”) Downey, one of Jerry’s Yale classmates, arrives in Hong Kong in 1973 after almost twenty-one years in Chinese prison for “espionage.”

Jerry played an important role in securing his release. South Korean democratic leader Kim Dae-Jung visits the Cohens shortly before his kidnapping by the South Korean KCIA in 1973. Kim credited Jerry with saving his life. He was later elected as president of South Korea (1998–2003). Famed Philippine democratic leader Benigno “Ninoy” Aquino. After gaining freedom from prison in Manila with Jerry’s help, he spent the last year of his life at Harvard University at Jerry’s invitation.

He was assassinated upon his return to Manila in 1981. Jerry and his former Harvard student Annette Lu. He engineered her release from prison while Taiwan was still under dictatorship. Annette later became vice president in the Chen Shui-bian administration (2000–2008). Jerry presents the blind “barefoot lawyer” Chen Guangcheng to the New York University crowd that welcomed his release from Chinese Communist custody, assisted by Jerry.

New York, May 19, 2012. Source: Andy Jacobsohn / Stringer / Getty Images News via Getty Images. The high point of Jerry’s first visit to China in 1972 was a four-hour dinner given for him and Harvard University professor John Fairbank by Chinese prime minister Zhou Enlai. OceanofPDF.com Making History in North Korea ne might have thought that trying to learn about communist China, to promote the normalization of diplomatic relations between the United States and China, and to urge American withdrawal from the Vietnam war would have been enough to keep me busy.

Yet I was fascinated by the problems of Korea, its history and international relations, and the experiences of South Korea—the Republic of Korea (ROK)—in seeking to modernize its legal system after the termination of Japanese colonialism at the end of World War II. After all, before the Japanese occupation at the start of the twentieth century, the Hermit Kingdom had for centuries been under China’s influence, often seeming more Confucianist in theory and practice than even the homeland of the Sage, and the arch example of how countries in the much-debated Sinocentric sphere often paid tribute to the Celestial Emperor in Beijing.

The East Asian Legal Studies (EALS) center that I established at Harvard Law School (HLS) in 1965 aimed to focus not only on China but also on all of East Asia, the entire former Confucian culture area, including, of course, Korea. Almost immediately after EALS was founded, relevant students began to turn up. Some, like Kim Young-Moo, were South Koreans who came to law school at Harvard on their own initiative after studying law in Seoul and were intent on becoming much-needed practitioners of international business law back home.

Library of Congress Cataloging-in-Publication Data Names: Cohen, Jerome Alan, author. Title: Eastward, Westward : a life in law / Jerome A Cohen. Description: New York : Columbia University Press, 2024. | Includes index. Identifiers: LCCN 2024024403 | ISBN 9780231215923 (hardback) | ISBN 9780231561044 (ebook) Subjects: LCSH: Cohen, Jerome Alan. | Lawyers—United States—Biography. | Human rights workers—United States—Biography. | Law teachers—United States—Biography | Law teachers— China—Biography | Criminal procedure—China.

| Law Reform—China. | Human rights—China. | Human rights—Taiwan. | Harvard Law School. East Asian Legal Studies Program. Classification: LCC KF373.C545 A3 2024 | DDC 340.092 [B]—dc23/eng/20240602 LC record available at https://lccn.loc.gov/2024024403 Printed in the United States of America Cover design: Noah Arlow Cover image: Courtesy of Jerome A. Cohen GPSR Authorized Representative: Easy Access System Europe, Mustamäe tee 50, 10621 Tallinn, Estonia, [email protected] OceanofPDF.com CONTENTS Preface: Better Late Than Never? Acknowledgments 1. CONFUCIUS SAID: “ESTABLISH YOURSELF AT THIRTY”—THE DECISION TO STUDY CHINA 2.

GROWING UP AND GETTING EDUCATED 3. BEHIND THE HIGHEST BENCH: MY YEAR WITH CHIEF JUSTICE WARREN 4. AN UNPRECEDENTED SURPRISE: ANOTHER TERM, THIS TIME WITH JUSTICE FRANKFURTER 5. LAWYERING IN WASHINGTON: COVINGTON & BURLING, DEAN ACHESON, PROSECUTING CRIME, SENATOR FULBRIGHT 6. BERKELEY BECKONS: A BRAVE NEW ACADEMIC WORLD 7. STUDYING CHINA AT BERKELEY: SETTING THE STAGE FOR A LIFELONG EXPLORATION 8.

HONG KONG BOUND: INTERVIEWING CHINESE REFUGEES 9. TRANSITION TO HARVARD 10. PASSIONATE PURSUITS: A NEW CHINA POLICY 11. BUILDING HARVARD’S EAST ASIAN LEGAL STUDIES: STIMULATING RESEARCH, TALENTED STUDENTS, AND TIMELESS TIES 12. KYOTO CHRONICLES: A YEAR AMID JAPANESE TEMPLES AND TURMOIL 13. MY FIRST TRIP TO CHINA: MEETING ZHOU ENLAI, ARGUING FOR JACK DOWNEY 14. PYONGYANG PERSPECTIVES: MAKING HISTORY IN NORTH KOREA 15. SAVING FUTURE PRESIDENT KIM DAE JUNG’S LIFE AND OTHER SOUTH KOREAN ADVENTURES 16. COOPERATING WITH TED KENNEDY ON AND IN CHINA 17.

STIMULATING CHINA’S NEW LEGAL SYSTEM: THE COUDERT BROTHERS YEARS 18. LEAVING HARVARD TO ESTABLISH PAUL, WEISS LAW OFFICES IN BEIJING AND HONG KONG 19. LIFE, LAW, AND CHINA PRACTICE IN THE OPTIMISTIC 1980S 20. POLITICAL JUSTICE IN TAIWAN: FREEING ANNETTE LU AND PROSECUTING HENRY LIU’S ASSASSINS 21. THE DARK DAYS OF 1989: CHINA’S TRAGEDY AND VIETNAM’S PROMISE 22. ACADEMIC RENEWAL: CHARTING NYU’S EAST ASIAN LAW PATH 23. BEFRIENDING CHEN GUANGCHENG: THE VISION OF CHINA’S BLIND “BAREFOOT LAWYER” 24. WAS HELPING CHINA BUILD ITS POST-1978 LEGAL SYSTEM A MISTAKE?

25. “THE CURFEW TOLLS THE KNELL OF PARTING DAY”: “TOMORROW WILL BE EVEN BETTER”? Appendix Index OceanofPDF.com T PREFACE Better Late Than Never?

This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.

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