We get network splits all the time.
Well no we rarely get splits. A properly tuned mining pool will have an orphan rate of less than 1%.
The goal is to keep the rate as low as possible because the effective hashrate (what matters in an attack) is degraded by a higher orphan rate.
You also seem to ignore all the attack vectors you open up. Bitcoin is already complex but relatively secure with a few well known attack vectors (mostly involving various forms of double spending and 51% attack).
Just a couple (and likely there are dozens) of possible new attack vectors:
Malicious profit boosting pool:A malicious pool could create a low latency network with large numbers of connections to Bitcoind (think 10,000+ connections). It would very rapidly learn of new blocks and have the ability to very rapidly issue new transactions. Currently that "knowledge" is worthless because even if you detect a new block before rest of the network the only thing that can alter that event is you producing a block (which is very hard).
What you have done is make it very EASY to alter that event.
1) "mean pool" detects block by "honest miner" pool
2) mean pool spams the network with thousands of transactions broadcasting directly to all 10,000+ nodes.
3) each node that gets the transaction flood prior to the block will determine the block invalid.
4) "mean pool" builds on exsiting block height and orphans "honest miner" pool's block.
Simplistically adding a high frequency trading concept to block generation. You have created an economic incentive to orphan blocks of other miners at very little cost. Of course pools that don't do this produce less revenue and are less attractive. The resulting effect is an arms race where pools try to out orphan other pools increasing the number of forks, reducing the effective hashrate and making the network less secure.
Divide an conquerUsing similar method as above, an attacker could take over the network with less than 51% of hashing power. By degrading the good network through well timed forks and splitting the effective hashing power an attacker with less than 51% of hashing power could out build the degraded network. The 51% attack has become the 40%? 33%? attack.
Spend, split and spend double spend attackAttacker could make a large spend, try to fork the network and then double spend the transaction in the new block. It would require a significant amount of hashing power and would only hurt 1-confirm transactions but the end result is the same, less security. 1-confirm transactions would need to be treated more like 0-confirm transactions now.
Those are just a couple and likely isn't an exhaustive list. In summary currently orphans and splits are rare AND it is nearly impossible to intentionally cause one. this makes orphans and splits "weak" attack vector. Hard to attack via a method that is both rare and difficulty to induce. Allowing non-deterministic chain selection makes it possible to induce (or at least attempt) to induce splits. That creates an economic incentive to do so.
The protocol is fine and shouldn't be complicated because people are sad their FREE transactions aren't included in the next block. If you want to influence the network stop being cheap and RAISE THE FEES. More fees = more incentive not to mine empty blocks. Currently all fines combined are less than 0.08% of block revenue. There is no real economic incentive to include transactions.
TL/DR:
"WHAH. My free transactions are talking too long. I want faster free stuff".