论合同法定形式的效力

合同形式即合同意思表示的载体，合同法适应市场经济便捷和安全的需要，在合同形式方面做出了许多新规定，但由于对法定形式的性质和法律效力缺乏明确具体的规定，引起民法理论界诸多不同理解，如有效要件说，执行证据说，成立要件说等等。本文从对两大法系合同法定形式的效力的对比分析中，说明我国立法的缺陷，并提出相应完善的建议。     

Classroom computer experiences that stick: Two lenses on reflective timed essays

Testing the hypotheses that reflective timed-essay prompts should elicit memories of meaningful experiences in students’ undergraduate education, and that computer-mediated classroom experiences should be salient among those memories, a combination of quantitative and qualitative research methods paints a richer, more complex picture than either method would independently. A quantitative approach appears to provide support for the hypotheses, revealing that students mention media-related experiences three times as often as they mention specific professors. A qualitative, close-reading approach both challenges and supports the hypotheses. The construct of media-related experiences includes mundane, instrumental encounters with computers as well as transformative experiences with them. This hybrid research methodology supports the identification of those transformative experiences and thus provides validity evidence for the use of reflective timed-essay responses in guiding endorsements of specific classroom practices.     

Fairness and Consequential Validity of Teacher Work Samples

Acknowledging the necessity to establish the fairness and consequential validity of teacher candidate performance assessments when they are used to make high-stakes decisions impacting entry into the profession, we investigated whether there were any adverse results from the use of the Renaissance Teacher Work Sample (TWS) assessment at two universities as a consequence of the age, gender, or race/ethnicity of teacher candidates. We also investigated education program and program entrance requirements, such as Praxis I scores, and measures of grade point average, as general predictors of TWS success. The findings indicated no disparate impact or adverse consequences based on the gender, age, or race/ethnicity of the teacher candidates. Selected variables did predict a moderate amount of the variance of the TWS total scores of both preinterns and student-teaching interns. The process used to determine the value implications of the results was also discussed.     

西报中源:对19世纪70-90年代中国文化人报刊起源观念的考察

晚清文化人在来自西方的报刊形式与中国远古的陈诗采风活动之间,构建起来一种联系,认为它们是同一条历史发展脉络上的不同阶段的表现形式。这一思路给西方报刊形式在中国的存在与持续发展提供了合法性。     

美国《联邦宪法》生效问题刍议

美国宪法草案对自身的生效方式有明确的规定,后来学者基于不同的观察视角,对这部宪法的生效方式、生效时间有着不同的认定,从而导致在美国宪法生效问题上歧见纷呈的局面。文章在梳理各种观点的基础上,提出生效空间这一概念,认为美国宪法生效经历了一个在不同空间渐次生效的过程。     

Policy and evidence: a critical analysis of the Year 1 Phonics Screening Check in England

“This paper aims to present a critical analysis of the Year 1 Phonics Screening Check (PSC), with special focus on the relationship between the UK Department for Education's policy‐making and the evidence considered in the process of developing and evaluating the PSC. The reports from the in‐house Standards and Testing Agency and from commissioned external organisations with limited remits have been analysed, with emphasis on how the screening check findings have been used in DfE decision‐making. My conclusion is that the department has overestimated both the validity and the reliability of the check: partly because important sources of measurement error have not been explored, and partly because the available evidence has not been analysed in sufficient depth — or perhaps simply been ignored by the department. The whole phonics screening check seems to be the product of policy‐based evidence, rather than evidence‐based policy‐making. This has, in my view, seriously undermined the value of the PSC as a screening instrument, and one must wonder whether it is ‘fit for purpose’.     

HSK（改进版）[中级]的构想效度研究

本文通过对HSK（改进版）[中级]的三份主试卷进行因素分析,认为HSK（改进版）[中级]主试卷考查了综合运用语言的一般能力,较好地体现了HSK的改进理念,符合语言能力本身的特点和语言测验的发展趋势,具有较高的构想效度。     

Development and initial validation of an instrument to assess the motivational qualities of music in exercise and sport: The Brunel Music Rating Inventory

Equivocal results of the psychophysical effects of music have been explained in part by the insensitivity of researchers to important personal and situational variables when selecting music. The aim of the present study was to operationalize a conceptual framework for the prediction of psychophysical responses to music into a music rating inventory to assess the motivational qualities of music in exercise and sport environments. An initial item pool was developed and administered to 334 aerobics instructors. Exploratory factor analysis produced a 13-item, four-factor structure (association, musicality, cultural impact and rhythm response), which accounted for 59.2% of the variance. This model demonstrated acceptable fit indices when tested using confirmatory factor analysis on 314 exercise-to-music participants, and was better than an alternative two-factor model. When cross-validated using multisample confirmatory factor analysis, the model also showed an acceptable fit overall, although some invariance in the rhythm response factor was evident that can be attributed to the exclusive use of synchronous music by aerobics instructors. The Brunel Music Rating Inventory appears to be a valid and reliable tool for both researchers and practitioners to assess the motivational qualities of music in exercise and sport environments.     

Constructing validity arguments for test combinations

The argument-based approach to validation has been widely adopted in validation theory. However, this approach aims to validate the intended interpretation and use of a single test or assessment. This article proposes an extension of the argument-based approach for validation of multiple tests. This extension is illustrated with the validation of a competency assessment program (CAP). This CAP was validated in collaboration with a quality manager of an educational program. In this case study, it became apparent that this approach fosters an in-depth evaluation of the assessment program and that the approach appears suitable for validation efforts of competency assessment programs. The approach guides validation research from a more general perspective, but also guides more detailed validation efforts.     

Development and validation of the sources of parental anxiety in children’s education scale

Parental anxiety in children’s education is closely related to children’s developmental and educational outcomes. The current study reported the development and validation of a self-report instrument to evaluate the Sources of Parental Anxiety in Children’s Education (SPACEs). Qualitative analyses suggested that the construct of parental anxiety in children’s education was multidimensional, representing learning performance anxiety, educational environment anxiety, educational input anxiety, and educational outcome anxiety as four primary sources. The results from exploratory and confirmatory factor analyses supported this four-factor structure comprising 17 items to capture this multidimensional construct. The scale also demonstrated adequate internal consistencies, convergent validity, discriminant validity, criterion-related validity, and test-retest reliability. A series of multi-group tests across age, locality, and children’s grades provided evidence of measurement invariance. Overall, the SPACE scale appear to be a reliable and valid tool to measure educational anxiety in parents in the Chinese context.