The API Cheatsheet section on Lists seems to indicate that \'() is a list constructor, just like (list), but I\'ve found that in practice they\'re
\'()
(list)
The difference is that, as you can see, the literal syntax '() is quoted. This means symbols inside are not evaluated. To use list literals while evaluating the elements you can exploit the syntax-quote reader macro:
'()
user=> (apply str `(~foo ~bar ~zip)) "abc"