Question:

What is the subject of the court case Roger Lin v. United States of America?

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Sometimes in the news I see some reportage of the court case of Roger Lin v. USA. This case seems to be very important. Apparently it involves some unsettled issues of the post WWII period in regard to United States jurisdiction of certain geographic areas in the Pacific Ocean. Does anyone have more details, or some URL references?

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  1. Roger Lin v. United States of America is a ground-breaking court case which argues that native Taiwanese people have certain fundamental rights under the Constitution and laws of the United States.

    Background: Historically speaking, all military attacks against Taiwan in the WWII period were conducted by United States military forces.   This will mean that Taiwan will come under the jurisdiction of the United States Military Government (USMG).

    However, in the period of 1945 to the present, USMG jurisdiction over Taiwan has never been formally terminated.   Hence, there is valid legal rationale to say that native Taiwanese people are entitled to certain fundamental rights under the US Constitution and other laws.

    Contrastingly, under international law, (1) there is no legal basis for considering native Taiwanese persons to be "Republic of China citizens," (2) Taiwan is not part of the Republic of China's national territory, and (3) the Republic of China has never been recognized by the world community as the legitimate government of Taiwan.  

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