Black and white is not as good as everyone seems to think. There are reasons you don't enumerate every possibility ;) (courts will then interpret that as a complete list, instead of extending it to cover similar situations)

If you had black and white fair use, for example, you'd just be railing against the fact that courts wouldn't extend it to cover new similar thing X.

Black and white is good for establishing baselines in law (IE "these things over here are definitely okay, and everything else should be judged by these factors" It's rarely that great if you are trying to make a license that stands the test of time and march of technology.

The fact that MIT and BSD licensed code (implicit patent impunity) can be re-licensed under the Apache license (explicit patent impunity) is enough evidence for me.

Reference: http://apache.org/legal/resolved.html#category-a

What does re-licensed mean? You can’t take mit licensed code and slap a Apache License on it.

You can create a derivative work and license that under Apache.

Not if it uses copyrighted MIT licensed code.