'() is (quote ()) while () is (). You won't notice the difference if you pass both to a normal function but you might if you passed both to a macro or special form.
While superficially (fn (. args) ...) may look decent, it is entirely inconsistent with the Arc reader. Function definitions have to be entirely representable in lists, and the example you list above is not a valid list. Not only would this break the current Arc, but you would have to reimplement the entire reader that Arc currently borrows from Scheme. Not to mention that you would have to define what it even means to have a cons with no 'car field.